Just last week the NSW Rural Fire Service in conjunction with the NSW Government, have introduced new laws pertaining to the clearing of trees in high fire risk areas.

This new ruling has some important implications relating to tree removal applications on the Central Coast of NSW.

Currently, tree removal in the Gosford and Wyong Council regions require written Council approval for significant trees and keystone species. Approval is also required for trees more than a certain distance from an approved structure (outside of three metres in Gosford and six metres in Wyong).  – Well not anymore!

The new ruling overrides all Council Tree Preservation Orders for inhabited dwellings within the designated fire risk zones.

You can now find out if your property is in a 10/50 Vegetation Clearing Entitlement Area by visiting the Rural Fire Services website, or by contacting us.

This new law allows property owners in designated 10/50 Vegetation Clearing Entitlement Areas to:

• Clear trees on their property within 10 metres of a home, without seeking Council approval; and
• Clear underlying vegetation such as shrubs (but not trees) on their property within 50 metres of a home, without seeking approval.

The new laws are supported by the 10/50 Vegetation Clearing Code of Practice.

A series of frequently asked questions has been published to provide additional information and can be accessed below.

Frequently Asked Questions

What does the 10/50 rule allow me to do?

If you live in a designated ’10/50 vegetation clearing entitlement area’, the laws will allow you to:

• Clear trees on your property within 10 metres of a home, without seeking approval; and
• Clear underlying vegetation (other than trees) such as shrubs on your property within 50 metres of a home, without seeking approval.

There may be other restrictions that apply, such as if your property is on a slope, or there are items of Aboriginal or cultural significance in the area. Find out more below.

Who do the new rules apply to?

The 10/50 rule applies only to properties that are in a designated 10/50 vegetation clearing entitlement area. This includes private and public land.

However, clearing can only be done if you are the landowner or you have the approval of the landowner.

How can I find out if I’m in a 10/50 vegetation clearing entitlement area?

You can search for your property to see if your property is in an entitlement area.

The online tool will also let you know if there are restrictions due to items of cultural significance, or waterways.

Am I required to clear vegetation if I’m in a vegetation clearing entitlement area?

No. It is an entitlement to clear, not a requirement. You may contact your local NSW RFS District if you are seeking advice regarding your property and bush fire hazard management.

What if the vegetation is on a neighbouring block?

The new rule only applies to your property. You may not clear neighbouring property without their consent.

However, you can ask neighbours to clear if the vegetation on their property is within 10 metres or 50 metres of your building. They may only clear if their property is also in a clearing entitlement area.

If they do not remove or prune the vegetation, and you believe it is a genuine bush fire hazard, you can make a hazard complaint by contacting your local fire service.

What kind of buildings does the 10/50 rule cover?

You can clear vegetation near the external walls of a building containing habitable rooms such as a home, tourist or visitor accommodation, caravans that are in caravan parks, and manufactured homes installed in manufactured home estates.

You can also clear vegetation near the external walls of high risk facilities including child care centres, hospitals and schools (but not tertiary institutions such as universities or TAFE).

Where do I measure the 10 or 50 metres from?

The distance is from the external walls of the building. It includes permanent fixed structures such as decks or garages that are attached to the building. It does not include detached garages, sheds and the like.

The building must also be one that has been approved with provision for habitable rooms by a development consent or other lawful authority. If the building has been constructed without consent, the rule does not apply.

Are there any conditions when pruning trees?

You can prune any vegetation within 10 metres of the building, or any vegetation other than trees within 50 metres of the building.

Pruning of trees must be in accordance with AS 4373-2007 Pruning of amenity trees. AS 4373-2007 is an Australian Standard for tree pruning that provides for trees to remain safe after branches are pruned.

If the trunk of a tree is greater than 10 metres from the building you may clear any branches within 10 metres of the building. However, you may only prune in accordance with the Australian Standard. In some cases you may require approval from council for pruning branches on the other side of the tree that are outside the 10 metre boundary in order to meet the Australian Standards.

In addition, if your property is on a slope of more than 18 degrees, pruning can only be done if at least 75% of the canopy is retained, except if there are conditions identified in a Geotechnical Engineer Assessment Report.

For more information

Please contact us on (02) 43846486 or email us through our contact page by clicking this link.