Tree protection and local law
If you are planning to remove or carry out major works on an established tree on your property, you may first need a permit. To apply for a permit, please see below.
All large trees within the municipality are protected by a Community Local Law. Trees in certain locations are also protected by the Hobsons Bay Planning Scheme.
Local law protection
Council’s Community Local Law 2025 requires people to obtain a permit before interfering with, removing, damaging, destroying or killing a significant tree on private land. This includes significant trees that overhang from one property to another.
The Local Law also requires people to seek a permit before interfering with, removing, damaging or destroying a street tree or other vegetation located on any Council Land, including reserves and foreshore reserves.
Builders or property owners undertaking building works are also required to take steps to protect trees adjacent to their building sites. Click here for more information: Building Site Code of Practice 2025.pdf
What is a significant tree?
A ‘significant tree’ means a tree or palm on private land that:
- Has a trunk circumference of 110cm or greater measured at 1.5 meters above ground level or
- A multi-stemmed tree on private land where the circumference of its exterior stems equals or is greater than 110cm measured at 1.5 meters above ground level or
- If the tree has been removed, a circumference of 110cm or greater at its base or the circumference of multi-stems at its base.
Applies to:
Any situation where a person wishes to remove, destroy, damage, interfere with or kill a significant tree located on land they own or occupy.
Any situation where a person wishes to remove, destroy, damage, interfere with or kill a significant tree that overhangs land they own or occupy.
Any tree or vegetation located on any Council Land, including parks, reserves and foreshore reserves.
Exemptions:
- Council or an authorised officer may from time to time exempt any person or class of persons from the requirement to obtain a private tree removal permit.
- A person who is the holder of a permit issued for the removal, destruction or lopping of the significant tree under the Planning Scheme.
- A person whose actions are required by any other legislation or by any other statutory authority or the Local Law.
- A person acting in accordance with an instruction or direction from an authorised officer.
For further information, refer to the Community Local Law
- Clause 3.16 - Tree Protection (page 25)
- Clause 7.17 Site fencing and tree protection (Building sites – page 44) and
- Clause 11.2(1) - Damage to Council assets (page 54).
Planning scheme protection
The Hobsons Bay Planning Scheme applies tree controls over specific areas within the city. Tree controls exist within the Heritage Overlay (Clause 43.01). The specific locations are listed in the following schedule within the planning scheme.
Please email the planning services team or contact 1300 179 944 to discuss planning permit requirements.
How do I apply for a permit to prune or remove a significant tree on my property?
- Submit a permit application via the Hobsons Bay Permit Portal.
- Make a payment of $137 (invoiced after an application is received).
The fee will be invoiced to you after an initial review of your application to check if a permit is required. We will send you an email notification when you are required to make payment. The fee covers administrative costs associated with assessment of an application.
Payment of the application fee does not guarantee that a permit will be issued. There are no additional costs, regardless of whether a permit is issued. Please allow 15 business days for an application to be reviewed.
A 50 per cent discount applies to eligible concession card holders.
Please note: an application to remove a protected tree must be made by the property owner.
Apply for a tree removal permit
How do I find out if I can prune or remove a tree on Council land?
To requests general pruning of Council-owned trees, please call our customer service team on 1300 179 944 or log a Tree Service Request. A Council arborist will inspect the tree and determine if works are required and will undertake works according to Australian Standards.
For building or planning permit related enquires, contact 1300 179 944 to discuss planning permit requirements.
Tree protection FAQ
Why are trees protected?
Established trees play an important role in the landscape of Hobsons Bay. They offer many benefits, such as cooling air temperatures during hot weather, increasing property values, providing privacy, and contributing to biodiversity. It takes decades for established trees to grow to the size where they can provide the maximum benefits.
Within the urban environment, there are often pressures to remove healthy established trees to make way for infill development. If these activities are not controlled, tree canopy coverage can rapidly decrease. The reduction of tree canopy cover negatively affects our local community.
Before applying for a removal permit, please note that a permit will not be granted where a tree is healthy, structurally sound, not causing damage to property or presenting a risk to safety.
How can I tell if my tree is protected by the Community Local Law?
All trees with a trunk diameter of 45 cm or greater, measured at 1.5 m above their base are protected under the Community Local Law
Figure 1: Diagram illustrating how to measure the diameter of a trunk at 1.5m above grade
What happens when I submit a private tree removal application?
The following steps are involved in the private tree removal application review process:
- Your application is initially reviewed by one of our senior arborists.
- The arborist will make contact within 10-working days of receiving the application to arrange a site inspection.
- The tree will be assessed by the arborist and a brief report will be prepared on the tree following the site visit.
- A decision on the permit application will be provided within 10-working days from the site visit.
Do I require a permit to carry out minor works on my protected tree?
Minor pruning works that are carried out by a suitably qualified arborist (minimum AQF Level III) and in accordance with the Australian standard for the pruning of amenity trees (AS4373-2007) do not require a permit.
Do I have to submit an independent arborist report with my initial private tree removal application?
An independent arborist report is not required to be included in the private tree removal application. Each tree is inspected by one of our senior arborists, as part of the review process.
I am concerned that a Protected Tree on my property is causing structural damage to my property. Can I remove it?
Any claims that a protected tree is causing structural damage must be verified by a suitably qualified structural engineer. The engineer’s report must be enclosed within the application and must directly link the subject tree with the alleged property damage. Tree removal will only be considered if the tree is identified as causing or having an increased potential to cause major structural damage and there are no other viable means to alleviate the issue.
I intend to develop my property, but a protected tree is in the way. Can I remove it?
A key intention of the local law is to protect healthy established trees from being removed due to pressures that are associated with in-fill development. Healthy protected trees will not be approved for removal to facilitate a development.
I am not satisfied with the assessment and/or decision on my application. What can I do?
If you are not satisfied by the outcome of the Council arborist’s assessment, you are welcome to engage a suitably qualified independent arborist (minimum AQF Level V) to inspect the tree and prepare an arboriculture report. For Council to review the report, the arborist must use, and be qualified to use, a recognised tree risk assessment framework. Current industry leading tree risk assessment methods include ISA TRAQ, QTRA and VALID.