Tree removal permits and rules in Tasmania

How do Tasmania's planning rules reach trees?

The Tasmanian Planning Scheme has two parts: statewide State Planning Provisions, and a Local Provisions Schedule for each council area. Not every council has moved across yet. Kingborough, for example, still lists its significant trees in the Kingborough Interim Planning Scheme 2015.

Huon Valley Council says the codes that most often affect tree clearing are the Natural Assets Code, the Historic Heritage Code, the Bushfire-Prone Areas Code and the Landslip Code, and that you often need council approval before clearing trees, shrubs, grasses or groundcover. The Natural Assets Code covers waterway and coastal protection areas, future coastal refugia and priority vegetation areas, which protect threatened vegetation, threatened plants and significant habitat.

Sorell Council says the scheme's vegetation exemptions (Table 4.4) mostly relate to maintenance around existing infrastructure, such as fencing, or to bushfire hazard management plans. Kingborough advises having every approval, or proof of an exemption, before clearing starts.

Are significant trees protected?

Yes, through the council. Under the Tasmanian Planning Scheme, significant trees are listed in each council's Local Provisions Schedule and covered by the Local Historic Heritage Code. Hobart's scheme includes a Significant Tree Code, with a published list and map that takes in trees from the National Trust (Tasmania) register and public nominations. Kingborough lists 668 significant trees and says a permit may be needed to alter one.

What we couldn't confirm

Tasmania's state planning websites couldn't be read when we checked, so this page leaves out penalties, the latest wording of the exemption table and the best way to look up the codes on your address. The council can answer all three, and it's the right place to ask anyway.

When does TASCAT get involved?

Unresolved plant disputes go to the Tasmanian Civil and Administrative Tribunal (TASCAT), in its Resource and Planning Stream. Your land counts as affected if branches overhang it, or the plant causes serious injury, serious damage or substantial, ongoing and unreasonable interference. Severe loss of sunlight to a window, solar panel, solar collector or skylight counts too.

A blocked view only counts if the plant is at least 2.5 metres high and the view was clear when the owner took possession. Generally, part of your land has to be within 25 metres of the base of the trunk. TASCAT looks at whether you've made reasonable attempts to sort it out first, and can direct you to try. Our neighbours' trees guide compares the states.

Bushfire clearing in Tasmania

The planning scheme's exemptions include fire hazard management under an approved bushfire hazard management plan, or one endorsed by the Tasmania Fire Service or the council, and hazard reduction required under the Fire Service Act 1979 or an abatement notice. Kingborough may ask for a plan from a bushfire practitioner recognised by the Tasmania Fire Service, setting out the minimum clearing needed. Talk to the council before relying on any of it.

After a storm in Tasmania

Call 000 for life-threatening emergencies and the Tasmania SES for storm help. The SES makes temporary repairs and removes dangerous fallen trees or branches; for ones that aren't dangerous, such as a branch that isn't blocking the driveway, it suggests a local tree service. Photograph the damage as soon as you can, and contact your insurer.