Supplementary Agenda of General Meeting

Director's Report No. CE6/25

Community and Environment Division

Date of Meeting: 11/06/2025

14 SUBMISSION - CHANGES TO DETER ILLEGAL TREE AND VEGETATION CLEARING

EXECUTIVE SUMMARY

· The NSW Government has proposed significant reforms to curb illegal tree and vegetation clearing, particularly in urban and non-rural areas.

· Council generally supports the changes outlined in the Explanation of Intended Effect (EIE) aimed at strengthening environmental protections, enhancing enforcement capabilities, and promoting urban resilience amid climate challenges.

· Accordingly, the proposed changes outlined in the EIE should also be accompanied by the changes outlined in Section 3 of the EIE. Specifically, the introduction of deeming provisions and introduce the civil penalty framework should be prioritised as part of this package. These latter changes would generate the greatest deterrent to reduce illegal tree and vegetation clearing.

· The State Government is also called upon to initiate an awareness and education program regarding the urban forest to assist Councils in achieving long-term understanding and change regarding trees. This is seen necessary for an all of government approach to achieving the NSW Government’s target of 40% urban canopy cover for Greater Sydney.

RECOMMENDATION

THAT Council endorse the submission to the proposed changes to deter illegal tree and vegetation clearing attached (Attachment 2) to Director's Report No. CE6/25.

PURPOSE

The purpose of this Report is to seek endorsement of a submission made on behalf of Council to the NSW Government’s proposed updates to illegal tree and vegetation clearing rules.

BACKGROUND

The NSW Government has proposed significant reforms to curb illegal tree and vegetation clearing, particularly in urban and non-rural areas.

The changes aim to strengthen environmental protections, enhance enforcement capabilities, and promote urban resilience amid climate challenges.

These proposed changes have been outlined within a document titled Explanation of Intended Effect (EIE). See Attachment 1. In summary these changes include:

· Increase fines and penalties for illegal tree and vegetation clearing.

· Ensure existing restrictions on complying development where illegal clearing has occurred can be enforced.

· Improve compliance and enforcement outcomes by making the policy clearer, giving councils the power to issue orders relating to vegetation clearing.

· Close potential loopholes associated with the removal of dead, dying and dangerous vegetation.

· Require tree clearing permits to include a condition to replace cleared vegetation.

The proposed changes were released for comment 23 April 2025 with public submissions due on Wednesday, 4 June 2025.

A submission was made on behalf of Council and is provided as Attachment 2 to this report. The submission was made to ensure it was received before the closing date. It outlines it was subject to ratification at Council’s meeting of 11 June 2025.

DISCUSSION

The Hornsby Shire community has expressed increasing frustration at the prevalence of illegal tree removal and acts of vandalism. It is also recognised that Council staff face significant challenges in investigating and substantiating offences related to vegetation, particularly where evidence is limited, or the offences are not witnessed.

Accordingly, legislative changes that strengthen protection of trees and vegetation, and provide clearer enforcement tools are timely and supported.

Currently, Council expends significant resources responding to complaints about illegal tree / vegetation removal and vandalism.

Unfortunately, under the current regulatory settings, there are many cases where insufficient evidence is available to pursue these matters by issuing a penalty or initiating prosecution proceedings.

Accordingly, the objectives of the Explanation of Intended Effect (EIE) as outlined are generally supported as a means to deter this illegal activity. Details provided to enhance or clarify the suggested changes are contained in Council’s submission.

CONSULTATION

In the preparation of this Report there was internal consultation with Council officers across the Compliance and Tree Management teams.

Council officers also participated in information sessions provided the Department of Planning.

An informal Councillor workshop was also undertaken late May where the main aspects of the proposed legislative changes were outlined, and the views of Councillors sought for inclusion.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report. The enforcement of Council’s tree protection measures outlined in the Hornsby Development Control Plan and the Biodiversity Conservation SEPP is consistent with Council’s existing processes and the Hornsby Urban Forest Strategy (2021).

CONCLUSION

Hornsby Shire places a high value on vegetation in urban areas recognising that the urban tree canopy plays an important role in creating healthy, cooler and liveable neighbourhoods.

NSW government has an overall target of 40 per cent tree canopy cover for Greater Sydney by 2036 which we note noted that whilst on a LGA wide basis, Hornsby meets the urban canopy target, there is variability between suburbs that have substantially lower levels of canopy cover.

Therefore, it is essential that vegetation clearing in urban areas is appropriately regulated through our planning controls and councils are given appropriate powers for investigation and enforcement where trees are removed without appropriate approvals.

Accordingly, the proposed changes outlined in the EIE are generally supported as outlined in the submission. However, these changes should also be accompanied by the changes outlined in Section 3 of the EIE. Specifically, the introduction of deeming provisions and introduce the civil penalty framework should be prioritised as part of this package.

It is understandable that significant changes are underway regarding the Sydney’s housing supply challenges and the need to respond to increased populations. The need to provide additional housing for a growing population will add further pressure on our existing urban forest and may influence its value perceived by the community.

In this regard, a ‘whole of government’ approach is required for an education program for the broader community regarding the value of trees and vegetation. In particular a state government led awareness and education program regarding the urban forest is requested to assist Councils in achieving long-term understanding and change regarding trees.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Parks, Trees and Recreation, David Sheils - who can be contacted on 9847 6792.

David Sheils

Manager - Parks Trees and Recreation

Community and Environment Division

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

Attachments:

1.⇩	Explanation of intended effect: Changes to deter illegal tree and vegetation clearing
2.⇩	Submission - Changes to deter illegal tree and vegetation clearing

File Reference: F2004/07599-02

Document Number: D09142672