Vegetation management on private land

Vegetation clearing on private property

A high percentage of trees and vegetation within the Cairns region is located on private land, and this vegetation forms an integral part of our urban forest.

The CairnsPlan 2016 Planning Scheme defines vegetation damage (clearing) as follows:

Remove, cut down, ring bark, push over, poison or destroy in any way including by burning, flooding, or draining.

If a property owner wishes to remove or damage any vegetation on their property, a Development Permit for Operational Works (Vegetation Clearing) may be required.

Assessable vegetation damage on private property is classified as Operational Work and requires a Development Permit. Several checks need to be conducted before any vegetation can be removed from private property (accepted vegetation damage):

• the type of vegetation;
• location of the vegetation;
• the zone in which the subject lot is located;
• whether the vegetation on the lot is contained within a development overlay area associated with vegetation clearing provisions as demonstrated within a Property Report;
• whether the proposal meets each of the Codes’ acceptable outcomes;
• whether a covenant or easement is registered that has specific conditions relating to vegetation management; and/or
• whether a development approval exists over the subject lot and conditions are in place for vegetation removal or retention.

See more information relating to submitting an Operational Works application for any assessable vegetation damage.

Refer to the Operational Works vegetation clearing webpage for more information.

Exceptional trees

Trees make remarkable contribution to the social, cultural, economic and environmental vitality of our region. A tree is determined as exceptional through a range of factors. Trees may be considered exceptional due to their character, size, age, botanic, commemorative, cultural heritage, habitat or legislative. Commonly, exceptional trees often carry a high level of community interest and concern.

The CairnsPlan 2016 Planning Scheme defines a Significant Tree as:

A tree greater than 7.5m in height when measured from the natural ground level to the top of the crown.

Council may request for a Tree Audit and a Retention Value Report, demonstrating an assessment that is in accordance with an industry accepted methodology, to be obtained by a private Certified 5 Arborist where proposed vegetation damage requires a development permit. Council aims to protect and enhance significant trees and ensure a balance between risks and benefits, without compromising safety.

Refer to the Exceptional Trees fact sheet ( PDF, 1.43 MB ) for more information.

Management of trees within your property

Routine pruning and tree maintenance shall comply with the guidelines in Australian Standard AS4373: Pruning of amenity trees. This Standard aims to provide Arborists, tree workers, government departments, property owners, and contractors with a guide defining uniform tree pruning procedures and practices to minimise the adverse impact of pruning trees.

Council recommends that a certified arborist undertake any tree management.

You can undertake the following tree management without Council approval:

• removal of deadwood
• removal of hazardous limbs
• crown lifting
• formative pruning
• selective pruning
• crown thinning
• remedial or restorative pruning
• removal of environmental and declared weed species
• removal of regrowth associated with the maintenance of existing pasture, cultivated fields, firebreaks, lawn or garden areas, and boundary fence lines
• pruning to avoid or prevent damage to above-ground services.

Other activities that may damage protected vegetation may need Council approval.

Dangerous trees

If you are concerned about a tree on your property, a qualified Certified 5 Arborist can determine whether the tree should be retained, pruned or removed. They will examine the following:

• the species and its known characteristics
• the health and structural integrity of the tree
• the height and proximity of the tree to dwellings and structures
• how frequently people are around the tree
• wind loading and predominant wind patterns
• drainage conditions around the root zone
• past limb failures and pruning work
• encroachment within the Tree Protection Zone (TPZ)
• social and amenity considerations
• the significance of the tree to the surrounding area

Council approval is required to remove dangerous vegetation unless it is necessary to remove or reduce an imminent risk of serious personal injury or damage to infrastructure posed by the vegetation as determined by a suitably qualified person such as a Certified 5 Arborist. In this instance, your certified 5 Arborist must provide reporting and photographs to justify the tree removal without obtaining a development approval. A suitably qualified Arborist must undertake the removal. Removing a tree in anticipation of a limb falling does not constitute an emergency.

Vegetation disputes

The Cairns region’s tropical trees, rainforest and greenery, are a defining feature of the area, but they can also cause conflict. Disagreements about trees and vegetation crossing property boundaries majorly cause neighbourhood disputes.

Council’s planning scheme contains instruments (overlays) to protect vegetation from inappropriate damage, protect significant trees, and maintain, protect and enhance the region’s biodiversity, ecological values and habitat values. To find out if your property is affected by an overlay, refer to our planning scheme online mapping.