The Minns Labor Government is cracking down on illegal tree clearing, introducing tougher penalties for vandals and greater enforcement powers for councils.
The tougher measures are a direct response to recent cases of tree vandalism and illegal tree removal which have drawn community anger.
While councils already have the option to pursue criminal charges for serious tree clearing offences, the requirement to prove such an offence beyond reasonable doubt and the costs involved means successful prosecutions have been rare.
These reforms will create stronger deterrents to illegal tree clearing and give councils more options to pursue penalties that reflect the seriousness of the offence.
Legislation will be introduced to NSW Parliament to allow councils to pursue hefty civil penalties for tree vandals on both public and private land for the first time.
It means individuals caught illegally clearing trees and vegetation could face court-imposed penalties of up to $500,000 and corporations up to $2.5 million.
In parallel regulatory changes will:
- Double on-the-spot fines from $3,000 to $6,000 for individuals and triple fines for businesses from $6,000 to $18,000 for clearing trees and vegetation without necessary approvals.
- Allow councils to issue orders to stop tree clearing works and enforce replanting.
- Introduce permit requirements for removing dead and dying trees to eliminate incentives to poison trees.
The reforms build on the Minns Labor Government’s $60 million investment to green urban areas and increase tree canopy to reduce heat and improve local amenity.
Research shows trees can reduce ground-level temperatures by up to six degrees, while communities with more than 30 per cent canopy-cover experience improved mental and physical health outcomes.
Minister for Planning and Public Spaces, Paul Scully said:
“Communities across NSW are rightly fed up with seeing their local trees poisoned and ripped out of their neighbourhoods for someone else’s convenience or profit and councils are fed up with having to clear such a high legal bar when pursuing those who have done the wrong thing.
“These reforms deliver tougher penalties and stronger powers giving councils more options to stop this illegal behaviour and better protect the trees and vegetation that make neighbourhoods a great place to live.
“This is another example of the Minns Labor Government making common sense reforms to build better and more sustainable communities.”
