Tree preservation orders. What you cannot cut and what it costs if you do.
Brisbane's protected trees include any native species above 4 metres or 40 centimetres trunk diameter. Removal without permit, $1,565 fine per tree plus reinstatement. Here is the mapping for every Australian city.
A large established tree on your lot is an asset. It is also, in most Australian councils, a regulated asset. Tree preservation orders (TPOs) limit what you can do with trees above certain sizes, native species in certain configurations, and any vegetation within heritage character areas.
The penalties for unauthorised removal are substantial. The permits, when they are granted, take 4-12 weeks. Knowing which trees on your lot are protected, and which are not, decides whether your planned build site is actually buildable.
What a TPO does
Tree preservation orders (variously called tree protection orders, vegetation protection orders, or significant tree registers depending on the council) generally:
- Identify the trees on your lot that are protected
- Specify what you can do without permit (very limited)
- Specify what requires a permit (pruning, removal, root disturbance, sometimes even fertilising)
- Specify the penalty for unauthorised action
The protection typically applies to:
- Native species above a certain size threshold
- Any tree (native or exotic) above a larger threshold
- Specific listed species
- Any tree in a heritage character area
- Trees identified on a significant tree register
How councils define "protected"
The thresholds vary widely. Examples for 2026:
Brisbane City Council
A tree is protected if it is:
- A native species with a trunk diameter at 1.3m above ground (DBH) of 40cm or more, OR
- A native species over 4m in height, OR
- Listed on the Brisbane Significant Landscape Tree register, OR
- In a Pre-1911 Building Overlay or Traditional Building Character Overlay (then all trees are protected)
City of Sydney
- Any tree with a trunk diameter at 1.4m height of 25cm or more
- Any tree over 5m in height
- Any tree listed on the Significant Tree Register
- All trees in Heritage Conservation Areas
Melbourne (City of Melbourne)
- Any tree on the Significant Tree Register
- Native species above 8m in height
- Listed species (Eucalypts, ironbarks, specific exotics)
- Trees in heritage overlays
Other councils
Most Australian councils have a TPO. The thresholds vary. The principle is consistent: established trees are protected, especially native species, especially in heritage areas.
What you cannot do without permit
Three categories of action typically require a permit:
1. Removal (cutting down)
The complete removal of a protected tree requires a permit. Application typically requires:
- Reason for removal (safety, building obstruction, disease, etc.)
- Arborist's report (often $400-1,200) for substantial trees
- Replacement tree commitment (council may require 1-3 replacement trees of a specified species)
Approval rate varies. Safety-related removals are usually approved. Removal for cosmetic reasons or to accommodate a build often refused or conditional on alternative design.
2. Pruning beyond minor cleanup
Major pruning that removes more than a defined proportion of the canopy or major limbs requires a permit. Minor cleanup (removing dead branches, removing limbs under 50mm diameter) is typically permitted without application.
3. Root zone disturbance
Excavation, paving, fill, compaction, or any disturbance within the tree's root protection zone (typically the canopy drip-line plus 1m) requires permit. This catches many builders out: they assume the tree is fine because they are not cutting it, but heavy machinery within the root zone is also regulated.
The penalties
Unauthorised removal or damage to a protected tree carries real penalties:
- Brisbane: $1,565 on-the-spot fine per tree, plus reinstatement costs (replacement, monitoring)
- City of Sydney: $3,300 per tree fine, plus court costs if escalated
- Melbourne: $1,925 base fine, escalating to $20,000+ for substantial trees
- Many councils: ability to refuse future DAs on a property where unauthorised removal occurred
Reinstatement can include:
- Replacement of mature trees (planting an 8-year-old replacement, which costs $2,000-8,000 each)
- Monitoring of replacement for 3-5 years
- Public notice of the unauthorised removal
A buyer who clears protected vegetation without permit is sometimes ordered to plant 3-5 replacement trees of higher value than the original. The total cost can exceed $20,000 for a substantial tree.
When TPOs catch out buyers
Three scenarios:
Scenario 1: planning a new dwelling that displaces a protected tree
A buyer plans to build a new dwelling, but the planned location is occupied by a 60-year-old eucalypt that is protected. The build requires either tree removal (permit, possibly refused, cost) or design accommodation (the dwelling is reconfigured to keep the tree).
The architect's brief should always include the tree audit. If it does not, the design comes back with a tree-removal assumption that may not survive the DA.
Scenario 2: renovation requiring root-zone disturbance
A buyer plans an extension. The extension is small. But the foundation excavation extends into the root protection zone of a protected tree. The permit is required, may be conditional on protective measures (root pruning by qualified arborist, root barriers, hand excavation), and may be refused if the impact is severe.
Scenario 3: solar access compromised by a protected tree
A buyer plans to install solar panels. The roof has good orientation. A protected tree on the boundary shades the roof at the critical hours. The solar system underperforms by 25-40% versus the unshaded scenario.
The tree cannot be removed. The shading is permanent. The solar payback is materially worse than the installer's quote suggested.
What to do before exchange
Three habits:
- Walk the lot and identify any large trees. Note species (native or exotic), approximate trunk diameter, approximate height.
- Cross-reference with the council's TPO criteria. If any tree meets the threshold, it is protected.
- If a protected tree affects your plans, scope the permit pathway before exchange. A 20-minute call with the council's arboricultural officer often answers the question.
Trees are protected for good reason: they are slow to grow, they provide ecosystem benefits, and the council has decided their loss is not in the public interest. The buyer who knows which trees are protected designs around them. The buyer who does not pays the fine or the redesign.
