Clause 52 of the Nillumbik General Local Law 1 will apply from 20 January 2023. This clause outlines when a permit is required to remove, destroy, damage, interfere or kill a ‘substantial tree’. A ‘substantial tree’ means a tree or palm that has a:
- trunk circumference of 50cm or greater measured at one metre above ground level;
- total circumference of all its trunks of 50cm or greater measured at one metre above ground level;
- trunk circumference of 50cm or greater measured at its base; or
- trunk circumference of all its trunks of 50cm or greater measured at its base.
Some exemptions from the Amenity Tree Local Law permit requirement apply to properties that are outside of the Urban Growth Boundary or properties within a designated Bushfire Prone Area or the Bushfire Management Overlay. An exemption also applies where permission has already been provided for in a planning permit issued under the Nillumbik Planning Scheme; where the tree is dead; if the tree is a Pinus radiata (pine tree); or if the tree is listed on the Shire of Nillumbik Environmental Weed List 2009.
To check if a property is within the Bushfire Area Prone mapping or is outside the Urban Growth Boundary, visit the VicPlan website where you can input the property address to check.
To check if a property requires a Local Laws permit under the Amenity Trees Local Law, contact Council’s Planning Services team on 9433 3343.
If you have any questions, don’t hesitate to contact Council’s Planning Services team on 9433 3343 or email firstname.lastname@example.org.