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D04Protected trees

Protected trees and vegetation in Brisbane

Brisbane City Council protects plants and trees under its Natural Assets Local Law 2003 (NALL), and interfering with protected vegetation without permission is an offence, even on your own property. Some work is exempt, but the exemptions only apply to protected vegetation inside your own property boundaries, and all of the council’s permit applications are free.

General information, not legal advice. These are Brisbane City Council’s rules, set by its local law; the council’s protected vegetation page, listed at the foot of this page, is the place to check.

Protected vegetation

Protected vegetation under the council’s local law

The council says protected vegetation “includes plants and trees in bushland areas, wetlands, waterway corridors and urban or rural areas.” It says penalties apply for working on or removing protected vegetation without permission, and range “from infringement notices to prosecution for serious offences.”

Under fire management, the council adds: “You may need a permit to clear vegetation for fire management. Vegetation that is exempt under the Planning Regulation 2017 is still subject to NALL.”

Exemptions

Where the exemptions stop

“Exemptions only apply to:” “protected vegetation within your property boundaries.” And the council lists where they do not apply. Its whole list:

Brisbane City Council · Check if you need a permit

“Exemptions don’t apply to:”

  • “pruning trees or vegetation on Council land”
  • “work on a property you don’t own”
  • “installing bud lights on street trees”
  • “pruning, removing or building within the root zone of a significant landscape tree”
  • “carrying out construction works next to or underneath the canopy of protected vegetation”
  • “vegetation protected by legislation other than NALL. This includes heritage trees, tidal vegetation, development approvals, statutory covenants or regional ecosystems.”

Two of those lines touch landscaping directly: building within the root zone of a significant landscape tree, and construction works next to or under the canopy of protected vegetation, both sit outside the exemptions. If you are unsure whether you need a permit, the council’s page invites a phone call and gives its number there.

The permit

From application to declaration, in order

  1. Choose the permit

    The council offers three types of permit: short-term work, for one-off tasks such as a single pruning or removing a tree; long-term work, for ongoing maintenance or hazard management, valid for up to 10 years; and council street trees, for minor pruning such as small branches overhanging your front fence, driveway, verge or footpath.

  2. Prepare the documents

    “To support your application, you need to supply information such as:”

    • “the type of trees you plan to work on or remove”
    • “the number of trees or area of vegetation being cleared”
    • “photos of trees you plan to work on or remove, showing health, structural or nuisance issues”
    • “maps showing the location of the proposed works”
    • “signed approval from the property owner or a body corporate seal (if you don’t own the property)”
    • “building and/or development plans (if the work is to accommodate new buildings or other development)”
    • “an AQF Level 5 arborist report to support works relating to a significant landscape tree”
    • “a Forestry Management Plan (if the work is for agriculture and/or forestry)”
    • “a Fire Management Plan (if the work is required for fire management)”
    • “an Arboricultural Impact Assessment (if the work is for construction that may impact the root zone of protected vegetation).”

    A selection: the council’s list has one more item, for long-term permits. The full list is on its page. Separately, the council says an application may also need a tree risk assessment report or an arborist report.

  3. Wait for the answer

    A permit for minor street tree pruning is issued immediately. For other work on protected vegetation, the council says it will be in contact within 20 business days. Lodging an application does not guarantee a permit.

  4. Declare the work done

    If the permit is approved, a Declaration of Compliance for Approved Works to Protected Vegetation must be completed, by the due date stated on the permit. “You need to confirm:”

    • “your Council reference number for the approved works”
    • “whether the works are complete”
    • “whether you have completed the works according to the standards and conditions of your permit”
    • “details of any replacement planting, including a map or sketch of the location and photos”
    • “relevant supporting documents.”

The council sums it up: you need permission to work on protected vegetation unless an exemption applies, and permits can cover one-off tasks or ongoing maintenance.

Neighbours and street trees

A tree that is not yours

“You must get permission to trim a tree that’s not on your property. If the tree or vegetation is:”

  • “on Council land, contact Council”
  • “a street tree, apply for a permit to carry our minor pruning work or request a tree maintenance inspection”
  • “protected and on private property, apply for a permit. You must have the property owner’s consent and provide their name and address.”

When a protected tree causes friction with a neighbour, the council notes that regular maintenance and pruning often resolves it, that a permit to work on protected vegetation is needed to carry out those works, and that the South Queensland Dispute Resolution Centre offers free advice and mediation where it does not.

Weeds among protected trees

Weeds growing among protected vegetation have rules of their own, and clearing pest plant trees that are protected needs the council’s permission. The guide to restricted and invasive plants in Queensland sets out the council’s conditions for clearing weeds from protected vegetation.