Council is responsible for the management and maintenance of trees on the Shire's street roadsides and those on Council owned land.  Good planning, species selection and appropriate maintenance are vital for safe and manageable street, roadside and other trees that will provide aesthetic, physical, environmental and ecological benefits to the community. 

Council's objective is to provide reasonable and consistent guidelines to defuse emotive situations that may arise over trees on Council owned land in a fair and consistent manner for our community. 

Council does not have jurisdiction over trees on private property unless an application has been made for the removal of a tree/s from properties subject to a Section 5.9 Preservation of trees or vegetation of Lachlan Local Environmental Plan 2013.

The Trees (Disputes Between Neighbours) Act 2006 provides a mechanism for resolving disputes between neighbours involving trees through the Land and Environment Court.

Under this legislation residents must first attempt to resolve a dispute through mediation with their neighbours before applying to the Court to have their cases heard.

Further information about this process can be obtained from the following website:

Land and Environmental Court - Lawlink 

Neighbourhood tree issues are a civil matter.  Council does not get involved in such matters.  If you are concerned about a tree on a neighbouring property the best way to resolve the issue is to discuss it with your neighbour. Your neighbour may not be aware that there is an issue and, in most cases, will be willing to help you resolve your concerns. You should clearly outline your concerns regarding the tree with your neighbour and propose an option for addressing the issue.

If talking to your neighbour does not result in an agreeable solution for both parties, please contact one of the below organisations for assistance:

If the issue is still not able to be agreed on the Trees (Disputes between neighbours) Act 2006 allows an owner or an occupier to apply to the Land and Environment Court for an order to remedy, restrain or prevent damage to property or injury to a person as a consequence of a tree on adjoining land. 

Before making an order, the Court has to satisfy itself that the applicant has made a reasonable attempt to reach an agreement with the owner and that the tree has caused, or is likely to cause, injury to person or property. The Court also needs to consider the location of the tree, historic or cultural significance, its place in the environment, its intrinsic value and its relationship to soil suitability and the water table.  The Court has the power to authorise the applicant to take action, authorise the land to be entered, require compensation or costs to be paid or require the replacement of a tree. 

Council does not remove or prune trees on private property.  It is the responsibility of private residents to maintain trees on their own property, or engage the services of a tree lopping service.  Please see Section 5.9 Preservation of trees or vegetation of Lachlan Local Environmental Plan 2013 for restrictions on removing trees on private property.

Only under the Road Act 1993 is Council permitted to prune trees on private property which are overhanging the property boundary and are causing a hazard/risk to traffic (both pedestrian and vehicles).

Essential Energy is the organisation responsible for pruning trees that are growing into the powerlines.  Please contact Essential Energy on 13 23 91.

The best approach is to contact Council and don't attempt to do any work on the tree yourself. Council will have one of our officers attend the site and inspect the tree based on your concerns. Phone 02 6895 1900.

If you want a street tree removed and it is still alive, you will be required to write into Council with your request, stating the issues and reasons why you would like it to be removed.  If the tree is dead you only need to notify Council.