Tree management
Public trees are those on Council-owned land, including on the verge, in a road reserve, park or reserve. Road verges are part of public road reserves and are owned by Council. The Council is responsible for planting and maintaining street trees and ensuring that the road verge poses no threat to public safety.
Removal of a tree is a last resort in managing trees on council land. Each tree is managed on a case-by-case basis, and where required, we consult with the community, especially on the health of exceptional trees.
Council has set out several characteristics that determine if a tree will be considered exceptional. These include an assessment of the character of the tree, the size of the tree, its age, the botanic value of the tree (including if it is on the IUCN Red List) if the tree holds a commemorative value, has a cultural heritage value, represents a significant habitat value, has a high community value or local heritage, or is required by law.
Residents are only permitted to plant trees on Council land without seeking advice and permission from Council. Trees on Council land are the Council’s responsibility; residents cannot remove, prune, or damage these trees without Council permission. If trees on Council land are of concern, Council will assess them by a suitably qualified person, and a reasonable remedy will be identified.
If you require to remove a tree within the verge as part of a development, please visit our driveways and crossovers page for more information.
It is also important to ensure that development on private property will not impact the health of trees and vegetation on Council controlled land. If you are undertaking development that will damage Council vegetation, you will require an Operational Works Development Permit (OPW) as part of a Development Approval. If your product does not require Development Approval, you will need a Local Law Permit under Local Law 11 for development that will damage Council Vegetation.
Planting on public land
Council does not permit residents to plant trees on the verge. Should a resident wish to have a street tree planted outside their residence, they are to submit a request to Council. Residents may only plant trees on road verges in accordance with Local Law 11, Part 6 and the FNQROC guidelines.
These guidelines refer to such things as making sure that you choose suitable species, allowing clear sightlines for motorists and ensuring pedestrians can continue to walk past safely. Other factors to consider include crime prevention aspects such as overplanting in a way that allows hiding place for criminals. Tree roots should also not encroach to allow damage or interference with services and infrastructure. Residents wishing to plant vegetation on Council land should contact Council for advice.
Frequently asked questions
Before taking action to remove a tree, you should call Council for advice about the vegetation protection and conservation
status in your area. Trees on private land are protected under the Vegetation Management Code and some areas are covered by additional codes such as the Vegetation Conservation Overlay code, Hillslopes Overlay code, Heritage Overlay code,
and Conservaon Planning Area code.
No, you are not allowed to remove, prune or top a Council‐owned tree and if you do, you may be subject to prosecution under Council Local Laws and State Laws regarding tree protection. The tree may be an important host tree for rare and threatened species of fauna and flora and its removal may negatively affect the aesthetic character of the area. Lopping or topping a tree may make it dangerous due to the regrowth of epicormic branches or it may worsen tree structure or lead to fungal infection or weaken the tree making it unstable or susceptible to failure.
You may be allowed to cut them but get permission from the tree owner first, whether your neighbour is Council or a private resident. It is also worthwhile getting advice from a qualified Arborist (AQF Level 5) as cutting the roots too close to the tree trunk may affect the stability of the tree and could result in whole tree failure. If a resolution cannot be reached with your neighbour, contact the Queensland Civil and Administrative Tribunal (QCAT) for advice.
Before taking action it is always advisable to discuss the issue with your neighbour first. Any pruning should follow correct
techniques that don’t cause tree decay or other hazards like epicormic regrowth at pruning wounds, decay unbalancing of the
tree, resulting in larger roots developing on the pruned side of the tree. If in doubt, always seek the advice of a qualified
Arborist. If it is a Council tree, it is preferred that you report the issue to Council and a qualified officer will assess the tree and advise the best course of action to help solve the issue.
Illegal entry into your property is a police maer and it should be reported. You can also contact Council for advice on
whether anything can be done to prevent access via the tree.
Contact Council’s Building Services unit to request tree removal to allow construction of a driveway. During the application process, you should highlight the tree issue. A council officer will carry out an inspection of the tree in relation to the proximity of the driveway for safety and stability, as well as the protection status of the tree. If the driveway crossover is approved and the tree needs to be removed, you may be liable for the cost of the removal.
Report this issue to Council and an officer will inspect the tree and provide advice. Keeping a drainage easement clear from rubbish is the property owner’s responsibility. Green waste blocking waterways, easements or drains can cause millions
of dollars in property damage by causing flooding.
You should discuss the issue with the tree owner. If the solar cells were installed after the planting of the tree then the neighbour has recourse not to prune the trees if they do not want to because the installation took place with knowledge that they would probably cause shading once grown. If the tree was planted after the installation of the solar cells you may ask your neighbor to prune or remove the tree because it was planted knowing that they may adversely affect the solar cells through shading once the tree had grown. You should consider the amenity that the tree provides and may choose to look into the latest developments in solar panel technology which allows for shading over the panels. If an agreement cannot be reached with your neighbour, please contact the Department of Justice to follow their mediation process
under QCAT.
A well‐maintained, healthy tree can be beneficial for many reasons that outweigh the potential risk of failure in a cyclone. There is always a possibility that a tree may fail in severe weather events and potentially damage property however, there is no way to know that it will definitely fail or if it should fail, that it would damage your house. Healthy, well maintained trees around a building can help dissipate wind force thereby protecting the house from the wind. Once removed there is no protection from the wind force and the building is fully exposed. Regular tree condition assessments by a suitably qualified Arborist or Forester (AQF Level 5 or higher) and carrying out any suggested maintenance work will ensure your trees are kept in good condition. The tree condition assessment will highlight any issues of concern and recommended remedial action. You could forward the condition assessment report and statement of maintenance from the Arborist to your insurance company as proof of
responsible tree maintenance and ownership. This may assist in negotiating your premiums with the insurer however, this may differ from one insurance company to the next. Contact the Queensland Arboricultural Association for advice on the use of Certified Arborists and the type and quality of reports to expect.
Living in the tropics where vegetation grows quickly, especially during the wet season, involves managing leaf drop from vegetation, whether it is from one’s own trees or a neighbour’s tree. Council does not prune, top or remove trees due to nuisance issues as it inherently worsens the situation and reduces the amenity and benefits of the urban forest. In some cases, if the relevant Council officer has classified the problem as an excessive nuisance, the tree may be pruned or replaced, if pruning is deemed to be ineffective.
Life in the tropics goes hand in hand with trees and leaf drop. Residents should carry out regular cleaning of gutters. You should also consider the installation of some form of gutter guard, or if you have gutter guard make sure that it has been correctly installed. You can also discuss the possibility of undertaking appropriate pruning with the tree owner to manage the amount of leaf litter that you are experiencing. Another possible course of action is to arrange a condition assessment of the tree by a qualified Arborist. There may be a reason that it is dropping more leaves than normal and this could be remedied. If the owner of the tree is uncooperative, apply for assistance to QCAT. Where the owner of the tree is in agreement with removal, it is the tree owner’s responsibility to ensure compliance with local and state government laws before removal is carried out.
Termite infestations in trees or land under ownership or control of Council will not normally be treated. The responsibility
to protect property from termite aack rests solely with the owner of the property. Council has no legal responsibility to treat any termite infestation found in trees or land under its control and Council is not responsible for any
damage to private property attributed to termites detected on land under its control. If you are concerned about damage from termites, call a pest/termite controller for advice.
Download a copy of the ‘Avoiding Tree Disputes’ brochure from the QAA website and follow their advice. If you are still unable to resolve your dispute through other options as listed in this brochure, genuine tree issues may be resolved through an application to the Queensland Civil and Administrative Tribunal (QCAT). You can read more by visiting
www.neighbourhooddisputes.qld.gov.au
- Cairns Regional Council: Tel 1300 69 22 47 Email council@cairns.qld.gov.au; Log your request online
- Queensland Arboricultural Association (QAA): Tel (07) 3821 1488 Email admin@qaa.net.au Web www.qaa.net.au
- Queensland Civil and Administrave Tribunal (QCAT): Tel 1300 753 228 Email enquiries@qcat.qld.gov.au Web www.qcat.qld.gov.au
- Crime Prevention through Environmental Design (CPTEP) www.police.qld.gov.au/programs/cscp/safetypublic
- Dial Before You Dig: www.1100.com.au
- FNQROC (Far North Queensland Regional Organisation of Councils) Regional Development Manual for advice on Landscaping Design Guidelines, Street Tree Planting and Verge Landscaping Guidelines: www.fnqroc.qld.gov.au
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Last Updated: 24 April 2023
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