Removal of unsafe plants in non-rural areas

The Code of Practice eliminates the need for a biodiversity conservation licence to damage or remove plants that poses an imminent risk to human life or property in areas where the Biodiversity Conservation State Environmental Planning Policy 2021 applies.

What is the Code of Practice for Unsafe Plants in Non-rural Areas?

Under the State Environmental Planning Policy (Biodiversity and Conservation) 2021, authorisation is not required to remove plants that the council is satisfied are a risk to human life or property. However, if the plants are a threatened or protected species, or form part of a threatened ecological community, then a biodiversity conservation licence (BC licence) must be obtained before removing the plants, to provide a defence to threatened species offences.

The Code removes the requirement to obtain a biodiversity conservation licence to remove plants that are threatened, protected or form part of a threatened ecological community that poses an imminent risk to human life or property.

The Code provides a defence against an offence under sections 2.2 and 2.4 of the Biodiversity Conservation Act 2016.

The Code doesn't replace existing tree removal guidelines established by the Local council, instead, it supplements council requirements for removing trees by clarifying the circumstances for removing plants that are threatened, protected or form part of a threatened ecological community.

The department has prepared guidance for local councils and landholders on applying the Unsafe Plants in Non-rural Areas Code of Practice 2024.

What safeguards are included in the code?

The key safeguards of the Code include:

• the landholder must demonstrate that the vegetation poses an imminent risk to human life or property
• the local Council assesses the risk and determines whether removal is necessary
• the local Council may request additional information from the landholder to help make an informed decision
• the landholder must obtain prior confirmation from the local Council to remove the plant
• the landholder must give the local Council a minimum of 72 hours prior notice of plant removal works
• the removal works must be carried out by an Australian Qualification Framework level 5 qualified arborist
• the landholder must replace the plant with the same species or closely related species.

Where does the Code apply?

The Code applies on all lands where the State Environmental Planning Policy (Biodiversity and Conservation) 2021 applies. The SEPP applies to the non-rural areas of NSW, on land zoned for urban and environmental purposes.