The Preservation and Management of Trees and Vegetation forms Chapter 3 of Kiama Development Control Plan 2012.
An application for permission to remove or prune trees (pdf 74 KB) is necessary for any tree management.
The benefits of trees are numerous and evoke engineering, environmental, economic and aesthetic reasons for their inclusion in a protection order.
Some advantages of trees are they:
Under sub-clause 5.9 of Kiama Local Environmental Plan 2011, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation, without development consent or a permit being granted by Council. This clause applies to trees and vegetation that:
(a) are 3.0 metres or more in height; or
(b) have a diameter of 200 mm or more at a height of 1.0 metre above the ground; or
(c) have a branch spread of 3.0 metres or more.
Two processes have been established to deal with the assessment and approval of applications for the removal, lopping and pruning of trees/vegetation:
(a) permit (generally for individual/small scale tree removal in urban areas); and
(b) development consent as part of a development application
Refer to Appendix 1 - Exempt Tree Species List of Chapter 3 - Kiama DCP 2012 - Preservation and Management of Trees & Vegetation.
The policy for dealing with breaches of the Order depends on the seriousness of the breach.
Minor breaches include severe pruning which threatens the life expectancy of the tree or severely effects its form; or the removal of trees which have no special significance. These breaches are dealt with by issuing a Penalty Infringement Notice.
Serious breaches include the removal, poisoning or heavy lopping of a number of trees, or the removal of a single significant tree. If Council decides that a serious breach has been committed then a prosecution is launched through the Court. The Court may impose fines and/or orders for restoration.
Council has lists of undesirable plants, endemic plants and Trees Special Significance. (pdf 402 KB)
To encourage a green environment, Council gives two free trees a year to rate payers.
Last updated: Wednesday 3 October, 2012