Tree clearing on private property

It is an offence to damage or remove certain protected trees and areas of vegetation on private property. Penalties may apply.

Vegetation may be protected by:

• vegetation management code within the Sunshine Coast Planning Scheme 2014
• vegetation covenants
• biodiversity, waterways and wetlands overlay code
• drainage easements
• development approval conditions.

Find out if your property has protected vegetation and trees under the Sunshine Coast Planning Scheme 2014.

In addition to the planning scheme, vegetation protection requirements may apply in:

• Australian Government legislation, and
• Queensland Government vegetation management legislation.

See Council's vegetation clearing requirements fact sheet for more information.

You may need to obtain approval under the Environment Protection and Biodiversity Conservation Act 1999 if your proposed clearing may impact on matters of national environmental significance, such as threatened species or ecological communities.

Visit the Queensland Government vegetation management website for state government information including:

• state planning assessment provisions
• protected plants
• koala protection
• marine plants, such as mangroves
• revegetation as part of a condition of approval or formal offset
• intact native bush and heath land.

You can clear vegetation within 3 metres on your property side of a boundary fence. Clearing must be reasonably necessary within the three metres. You should let your neighbours know before you start.

Before you clear any vegetation, you should confirm with council that the vegetation is not:

• protected as part of a development approval, or
• within a vegetation covenant.

Trees located on property boundaries are subject to the Neighbourhood Disputes Resolution Act 2011.

Under the Act, proper care and maintenance of a tree is the responsibility of the owner of the tree. The Act provides advice and choices to help resolve disputes about trees and overhanging branches.

Before you clear vegetation to build or extend your house, you need to check a few things.

If you have mapped vegetation on your site, you must comply with the acceptable outcomes in the planning scheme. Specifically the Biodiversity, waterways and wetlands overlay code (table 8.2.3.3.1). Requirements for accepted development.

You need to lodge an application and obtain approval from council, where your proposed vegetation clearing:

• does not comply with the acceptable outcomes and
• is not exempt vegetation clearing.

Check if the Biodiversity, waterways and wetland overlay applies to your land.

If you have mapped vegetation located on your property, you can only clear within the approved building envelope, except for the purpose of driveway access. Check Development.i to find out if you have an approved building envelope for your property.

Where there is no approved building envelope for your property, vegetation clearing must not exceed a total area of 600m² and can only be carried out:

• 20 metres from a building or structure, or
• 1.5 times the height of the predominant tree canopy, as measured from a building or structure, where in a bushfire hazard area.

The total vegetation cleared areas of 600m2 needs to accommodate all structures associated with a dwelling house. This includes sheds, pool, and other structures.

For any dwelling house extensions and additions, like a pool or secondary dwelling, you will also need approval from council to clear vegetation. This includes when the proposed work:

• requires clearing outside of the original clearing area for a dwelling house, and
• will result in clearing more than 600m² in total for the existing and proposed extension of the dwelling house and associated structures.

Where there is a cleared area of vegetation already on your property, it is preferable that the dwelling house is located within this area. If the partially cleared area does not amount to a total of 600m², additional clearing up to 600m2 may be undertaken. This is subject to complying with the acceptable outcome in the Biodiversity, waterways and wetlands overlay code. It may include planting a vegetation offset to compensate for the loss of vegetation.

As part of your building work approval, your private building certifier should be able to assist with any application to be lodged with council for vegetation clearing.

There are some vegetation clearing activities you can carry out without obtaining council approval.

Exempt vegetation clearing is defined in the Sunshine Coast Planning Scheme 2014.

You don't need a permit from council if the vegetation clearing is associated with a building work approval. A copy of your building work approval must be submitted to council for our records and the total amount of clearing must not exceed 600m2.

Exempt vegetation clearing can be part of a development approval, subject to the clearing being carried out in accordance with the conditions of approval.

For a full list of exemptions, refer to schedule 1 (definitions) of the Sunshine Coast Planning Scheme 2014.

The Queensland Government website also has information about exempt vegetation clearing work.

Exemptions may not apply if the area proposed to clear is subject to:

• development approval conditions
• a vegetation covenant
• a biodiversity offset
• a voluntary declaration, or
• restrictions as a result of unlawful vegetation clearing.

It is important you prepare your property for an emergency as best as possible. Talk to your neighbours about your bushfire plan and look out for each other.

You may be able to undertake vegetation clearing to mitigate the impact of natural disasters. You should notify the Queensland State Government before starting to clear.

During a bushfire emergency you must follow the directions of the authorised fire officers. You must advise council as soon as possible of any vegetation you cleared under the direction of fire officers.

Special provisions apply to clearing for fire management. These provisions specify the amount and type of vegetation clearing for:

• necessary fire management lines
• necessary firebreaks to protect buildings and other structures (other than a fence, road or vehicular track)
• works performed under a Queensland Fire and Emergency Services (QFES) permit (exempt from council approval).

There are maximum clearing limits. Please consult with a suitably qualified person, such as a bushfire specialist, regarding what potential clearing is necessary. 

Unnecessary clearing may present a greater long term risk. Once cleared, a grassy or shrub layer can be more flammable and prone to fire ember attack. 

Make sure you follow the requirements of the State Government accepted development vegetation clearing code.

The SEQ Koala Conservation Strategy 2020–2025 outlines how the Queensland Government is addressing the decline in koala population densities in South East Queensland. 

The koala conservation planning framework commenced on 7 February 2020. It introduced koala priority areas with strict new clearing restrictions, prohibiting clearing of koala habitat areas within koala priority areas.

The Queensland Government is responsible for assessing developments that propose the clearing of koala habitat areas outside koala priority areas. Refer to State code for Development in South East Queensland Koala Habitat Areas. 

For proposed developments that don’t involve clearing of koala habitat areas, but are within koala priority areas, the Queensland Government has assessment benchmarks to support councils to consider koala conservation within project proposals.

Find out more on QLD Government website.