Do I Need Council Approval to Clear Trees from My Land in QLD?

Queensland is home to many beautiful species of trees, adding to our gorgeous scenery, providing cultural significance, and helping with the local ecosystem. To ensure that these trees remain part of Queensland, the government has listed many species as protected vegetation, meaning that you cannot legally clear them without a permit. Doing so helps to protect our trees, but can slow developments down.

You might find yourself looking at trees on your private property, wondering if you can clear them or if you need council approval. Figuring out whether approval is needed for vegetation clearing can be tricky, especially as the rules vary across Queensland. To help you, our guide will walk through the protected species of trees in Queensland to see if you need council approval to remove trees from your land.

Do I Need A Permit To Clear Trees From My Land In QLD?

As part of the Nature Conservation Act 1992, native trees are protected against destruction or removal, meaning it is illegal to damage or remove a native tree. You would need a permit from the Department of Environment and Science (DES) in Queensland to remove any native trees.

Queensland also has categories of protected trees that are either considered of cultural significance or ecological value and are protected to ensure their existence continues. To help you better understand the rules, we have broken down the trees into their categories so you can determine if you have a native tree, a protected tree, or another tree that qualifies as protected.

Native Trees In Queensland

All native trees are granted general protection in Queensland and you will need a permit from the DES to remove any of the following on private property:

• Umbrella tree
• Mango tree
• Grevillea silky oak
• Elaeocarpus reticulatus
• Agonis willow myrtle
• Brachychiton ‘kurrajong
• Buyna pine
• Tristaniopsis ‘water gum
• Lilly pilly
• Grevillea
• Bottlebrush
• Agathis robusta
• Bottle tree
• Weeping Lilly pilly
• Banksia

Protected Trees In Queensland

The following trees are protected in Queensland, and you will need to obtain a permit from your local council before you can clear them from your land:

• Macadamia nut – is protected due to its cultural and economic significance
• Hoop pine – is protected after being over-exploited for its timber to help restore ecological balance
• Eungella tree – it protected vegetation as it is very rare and in danger of extinction
• Lemon myrtle – is protected for its economic importance to the food and cosmetic industries
• Poinciana tree – can be protected in certain areas of Queensland for their landscape significance
• Jacaranda trees – is not normally listed as protected vegetation, but you should check with your local council beforehand
• Certain gum species – are protected depending on their significance, age, health, and size

Areas Where Trees Are Protected

You cannot clear trees in areas called significant vegetation areas. These are areas that have significant ecological value and might contain several species of protected trees. This does not usually apply to private land, but reserves, state forests, and national parks. However, if your land does encroach on any of these areas, it is best to speak to the council to determine what land the tree is on and if you can clear it.

Tree Size And Age

In some regions of Queensland, the size and age of a tree determines whether it can be cut down. If a tree is over 35m tall, 10m wide at breast level (1.3m above ground) or over 100 years old, it can be considered as a protected tree. A tree must have one of these criteria to be considered protected from destruction or removal unless a permit is granted. Typically, a permit will only be cleared for specific purposes, like land clearing or development.

When deciding if you need a permit to clear a tree on your land, you will need to consider its age and size, along with its species.

Clearing Protected Vegetation

Should any of the trees on your land fall into the categories listed above, you will need to apply for a permit from the DES to clear the trees. You cannot clear the trees before doing so, and should avoid pruning them too, as this could be seen as you attempting to remove the protected tree. In most areas of Queensland, you also need a permit to clear dead trees if they fall into the protected categories.

If you are unsure whether the trees you have fall into any of the categories, you can contact an arborator who can come and help you to identify the species of plants on your land. You can also reach out to your local council if you are unsure, who can arrange for someone to visit your land and help determine if a permit is necessary.

Permit Application Process

To clear trees on your land, you will need to apply for a plant clearing permit. This can be done online through the governments’ online services. You can follow the steps below to successfully apply for the permit:

1. Register For Online Services

If you have not already, we recommend registering for online services so that you can track the progress of your application with ease. Registering is easy and can be done online through online services.

2. Complete The Form

Next, gather all of your information and provide as much information as possible. You should try to include the species of the tree, its position on your land, and why you want to clear it. There is also a fee for applying for the permit, which must be paid when you apply. You can make your payment online.

The payment applies when the clearing relates to certain activities, like scientific research, education, and establishing fences, roads, or firebreaks. Section 180 of the regulations has more details on this for you to check.

3. Await Approval

You will be contacted by your local council to let you know if your permit has been accepted or not. You should not attempt to clear any of the trees until you have heard from the council.

4. Clear Your Trees

Once you have approval, you can clear the trees on your land. You might need to hire a professional to do this, depending on the size of the trees and the tools you have to hand.

What Can I Clear Without A Permit?

There are many activities exempt from permits, meaning you can clear trees and plants without a permit from the Queensland government. These include:

• Clearing native plants for authorised grazing
• Clearing to avoid or reduce risk of injury, death, or serious damage to property
• Clearing for firebreaks
• Clearing to manage weeds or encroachment in line with a vegetation clearing code
• Clearing for routine maintenance (to buildings, fences, roads, stockyards, and vehicular tracks)
• Re-clearing (up to 10 years) of an area that was lawfully cleared

To help you better understand what is classed as an exempt clearing, the DES has a General Exemptions Information Sheet that we recommend using. Not only will it show you what clearing is exempt, but it can help you decide if you need to apply for a permit.

Clear trees from your land with the help of our experts

Finding out if you need a permit to remove trees from your land in QLD can seem daunting, with so many different categories and protected trees. But with our help, you can find out what trees are protected and whether a permit applies to you. At Buildi, our team of dedicated builder brokers can help put you in touch with the right builder who can help you clear your land in no time. Give us a call at 1300 947 132 or fill in our contact form to begin your tree-clearing journey.