Have your say on draft proposal - tree removal permits in urban areas

Published on 19 January 2026

Council is seeking community feedback in relation to amending the Nambucca Development Control Plan 2010 (DCP) to require a tree permit for the removal of significant trees on private land within a non-rural area.

Presently, the Nambucca Valley DCP protects:

Areas of vegetation on public land to be cleared by persons other than a public authority

Areas of vegetation identified on the following map within the Pearl Estate Valla as vegetation to be retained/not to be cleared.

Nambucca Valley Council General Manager Bede Spannagle said Council was proposing to expand the number of areas to which Part 3 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 applies, to include significant trees within a non-rural zone on private land.

“This change, in broad terms, is so significant trees – those which are a threatened species or are critical habitat for a threatened species, plus other definitions – which contribute positively to our community in urban settings can be protected,” he said.

“Some trees in urban settings play an important role in breaking up the built environment visually, so this proposed amendment is to potentially introduce a permit process to protect significant trees with positive impact.

“I encourage any person to share their views on this proposed amendment by making a written submission by 27 February 2026.”

The zones this proposed amendment relates to are: RU5 Village, R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, R5 Large Lot Residential, E1 Local Centre, E2 Commercial Centre, E3 Productivity Support, E4 General Industrial, MU1 Mixed Use, SP1 Special Activities, SP2 Infrastructure, SP3 Tourist, RE1 Public Recreation, RE2 Private Recreation, C2 Environmental Conservation, C3 Environmental Management, C4 Environmental Living.

The full definition of a significant tree is a tree which:

Is listed as a threatened species

Is listed as an Endangered Ecological Community species

Is critical habitat for a threatened species

A tree listed on Councils Significant Tree Register

Or any tree with a trunk circumference in excess of 2 metres. In addition, trees with multiple trunks that have trunks with a total circumference of 2 metres or more and an average circumference of 625mm or more are also classed as significant. In each situation the circumference of the trunk(s) is taken at a height of one metre above natural ground level.

According to the Environment Protection and Biodiversity Conservation Act 1999, the Endangered Ecological Community species in the Nambucca Valley include:

Coastal Swamp Oak (Casuarina glauca)
Coastal Swamp Sclerophyll Forest
Littoral Rainforest and Coastal Vine Thickets of Eastern Australia
Lowland Rainforest of Subtropical Australia
New England Peppermint Grassy Woodlands
Subtropical eucalypt floodplain forest and woodland
Themeda grasslands on Headlands and Seacliffs of North Eastern NSW.

For more information about trees which are listed as a threatened species, visit the Department of Climate Change, Energy, the Environment and Water’s website here and search for its Protected Matters Search Tool.

To make a submission on this proposed amendment, send it addressed to the General Manager, Nambucca Valley Council, PO Box 177, Macksville NSW 2447 or sent by email to council@nambucca.nsw.gov.au no later than 27 February 2026.