Tree Management Order (TMO)

Content: Wollongong City Tree Management Order | Notification of tree removals | Compliance and monitoring | Appeal process | Neighbours rights | Tree Management Order self-certification notification

Wollongong City Tree Management Order (TMO)
The TMO prohibits the ringbarking, cutting down, topping, lopping, removing, injuring or destruction of any tree except with the prior written consent of Council. This order applies to any tree that:

• is three metres or more in height; or
• has a diameter of 200mm or more at a height of one metre from the ground; or
• has a branch spread of three metres or more.

Certain trees are exempt from the Tree Management Order depending on their size. Please refer to the Tree Management Order under 'Related documents' for details.

The current application fee is $58 (valid between 1/7/09 -30/6/10). Applications for consent can be made online or via the TMO form approved by Council. A maximum of five trees per application will be considered by Council. Fees are as per Council's Fees & Charges. This fee is waived for residents who receive a WCC pension rate rebate. 

When processing applications, Council’s officers will consider a broad range of issues including:

• safety and risk management;
• environmental considerations;
• amenity conditions.

Applications will be processed within 10 working days from the date of payment. All applications will be responded to in writing with a uniquely numbered permit authorising certain works, or in the case of refusals, the reasons why consent has not been granted. Council may request additional expert information as it deems fit.  In all instances the cost of such additional information must be borne by the applicant, eg. arborist’s, engineer’s, plumber’s, medical report, etc.

Notification of tree removal
If we believe an impending tree removal specimen is of prominence and may cause some community concern, a notification stating the reasons for removal will be sent to the relevant ward councillors. No notification process will be initiated in cases where extreme or urgent safety concerns are apparent or if the removal permits are drafted with safety implications during the recognised wind storm period between June and September.

Compliance and monitoring
Approvals for tree works will be randomly monitored for compliance by Council. Tree works carried out without approval or not in accordance with an approval will be dealt with in accordance with relevant legislation. This may result in a penalty infringement notice or legal action through the local courts for all parties involved in any breach of the Tree Management Order.

Appeal process
The following process should be followed if an applicant is not satisfied with a decision to retain a tree growing on private property when administering the Wollongong City Tree Management Order.

• state reasons for the objection in writing to Council and request that the Assistant Manager of Conservation and Natural Resources review your application;
• if still not satisfied, request that your application be put to Council for determination.

It should be noted that at any time during the application or appeal process you have the right to elect to have the matter heard before the Land and Environment Court.

Neighbours rights
The owner of a neighbouring property may seek Council consent, on the appropriate application form, to prune a neighbours tree if it overhangs their property. Consent will be dependant on the ability of the tree to be pruned in accordance with AS 4373 'Pruning of Amenity Trees' and root pruning is subject to tree stability. All pruning consented, must occur on the applicant’s side of the boundary line without the written consent of the tree owner. 

Legal advice should be sought regarding liability for any damage caused by trees. It is not the role of council to intervene in neighbourhood disputes regarding trees. Conflicts may be resolved through the Community Justice Centre.

A neighbour may wish to lodge an application with the Land and Environment Court under the Trees Act 2006 if mediation fails.

Tree Management Order self-certification notification
When trees are located within three meters of an existing habitable building, you must follow these steps to notify Council. 

The application is providing evidence to remove trees within three metres of an existing habitable building on the owner’s property. Application for self-certification must be made on the form approved by Council and contain the information and be accompanied with photographic evidence. 

The three metres will be measured from the wall of the habitable dwelling to the nearest part of the trunk. It should be noted that this criteria does not include decks, garages, garden sheds, etc. 

There is no application fee payable for self-certification.