Tree Preservation Orders in Tasmania

Understanding tree protection rules is essential before you touch any tree on your property. This guide explains how trees are protected in Tasmania, which councils have the strongest provisions, and what exemptions are available.

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What Are Tree Preservation Orders?

In mainland Australia, Tree Preservation Orders (TPOs) are standalone legal instruments that protect individual trees or groups of trees. Tasmania uses a slightly different approach: tree protection is primarily administered through planning scheme provisions, vegetation management overlays, and the Significant Tree Register.

The practical effect is the same. Most trees above a certain size threshold are protected, and you need council approval before you can remove, significantly prune, or damage them. The protection applies regardless of whether the tree is on private or public land.

Tasmania also has state-level protections through the Nature Conservation Act 2002 for threatened native species and communities, and the Forest Practices Act 1985 which can apply to clearing more than one hectare of native vegetation.

Council Tree Protection Across Tasmania

Every Tasmanian council has tree protection provisions, but the strength and specifics vary. Here is how the major councils in Greater Hobart and Launceston compare:

CouncilProtection LevelKey Provisions
City of HobartStrongSignificant Trees Code, Significant Tree Register, heritage area provisions
City of GlenorchyModeratePlanning scheme provisions for significant trees, 200 mm trunk diameter threshold
City of ClarenceModerate to strongHeritage precincts, coastal vegetation overlays, significant tree provisions
Kingborough CouncilStrongExtensive native vegetation provisions, bushfire overlay requirements
Sorell CouncilModerateNative vegetation protection, development-specific clearing provisions
City of LauncestonModerate to strongHeritage tree provisions, Cataract Gorge protections, significant tree rules

Penalties for Breaching Tree Protection

Removing or damaging a protected tree without approval is a planning offence under Tasmania's Land Use Planning and Approvals Act 1993. The consequences can be significant:

  • Financial penalties: Fines can range from hundreds to several thousand dollars per tree, depending on the significance of the tree and the circumstances of the removal.
  • Replacement planting orders: Councils can require you to plant replacement trees, often at a ratio of multiple new trees for each one removed. These replacement trees may need to be maintained for a set period.
  • Enforcement orders: The council can issue enforcement orders requiring restoration of the site, which may include landscaping, fencing to protect remaining vegetation, and ongoing maintenance.
  • Prosecution: In serious or repeat cases, councils can pursue prosecution through the Magistrates Court, which can result in larger fines and a criminal record.

The risk is simply not worth taking. A planning permit typically costs $200 to $500 and an arborist report costs $400 to $800. This is a fraction of the potential penalties.

How to Check if Your Tree Is Protected

1

Measure the trunk

Measure the trunk circumference at 1.4 metres above ground level. If it exceeds 200 mm (roughly 65 mm diameter), it likely meets the threshold for protection in most Tasmanian councils.

2

Check your property zoning

Your property may be subject to specific vegetation overlays, heritage precincts, or bushfire-prone area designations. These can all affect what tree work is permitted. Your council's online planning maps can help.

3

Contact your council

The quickest way to get a definitive answer is to call your council's planning department. They can check their records for any specific protections on your property or trees.

4

Get an arborist assessment

A qualified arborist can assess the tree, determine its protection status, and advise on the best course of action. We connect you with arborists who understand local regulations and can guide you through the process.

Available Exemptions

Not all tree removal requires a permit. Common exemptions in Tasmanian planning schemes include:

Dead trees

Dead trees can usually be removed without a permit, but you may need an arborist to confirm the tree is dead rather than dormant.

Immediate safety hazards

Trees that pose an immediate risk to people or property may qualify for emergency removal. Document the hazard with photos and get arborist confirmation.

Bushfire vegetation management

Properties in bushfire-prone areas may have exemptions for vegetation management within the defensible space around buildings.

Declared weed species

Species declared as weeds under Tasmanian legislation can generally be removed without a permit.

Infrastructure protection

Trees damaging essential services (water, sewer, power) may qualify for exemptions, though alternative solutions should be considered first.

Approved development

Trees approved for removal as part of a building or development application do not need a separate tree removal permit.

Unsure About Your Tree's Protection Status?

We connect you with qualified arborists who can assess your tree, advise on its protection status, and handle any permit applications required.

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Tree Preservation Order FAQs

What is a Tree Preservation Order?
A Tree Preservation Order (TPO) is a legal instrument that protects specific trees or groups of trees from being removed, damaged, or significantly pruned without council approval. In Tasmania, tree protection is primarily administered through planning scheme provisions rather than standalone TPOs, but the effect is similar.
How do I find out if a tree on my property is protected?
Contact your local council's planning department. They can tell you whether your property is subject to tree protection provisions, vegetation overlays, or if any trees are listed on the Significant Tree Register. An arborist can also assess your tree and advise on its protection status.
What are the penalties for removing a protected tree?
Penalties for removing a protected tree without approval in Tasmania can include fines of up to several thousand dollars per tree, mandatory replacement planting (often multiple trees for each one removed), restoration orders, and in serious cases, prosecution. The exact penalties depend on the council and the significance of the tree.
Can I get an exemption from tree protection?
Yes, exemptions may be available for dead trees, trees that pose an immediate safety hazard, vegetation management in bushfire-prone areas, declared weed species, and trees damaging essential infrastructure. The specific exemptions vary by council. An arborist report is usually required to support an exemption claim.
Does tree protection apply to all tree species?
Generally, yes. Most Tasmanian planning schemes protect trees based on size (trunk circumference) rather than species. However, native species may have additional protections under the Nature Conservation Act 2002. Some councils have specific provisions for weedy or environmental pest species that may be exempt.
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