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Exempt tree species, Priority Weeds and replacement planting requirements for private property
Liverpool City Council identifies certain tree species that are exempt from the standard Protected Tree controls on private land, and Priority Weeds for the Liverpool LGA may also fall outside the standard tree-permit pathway. There are important conditions.
An exempt species is not necessarily exempt in every situation, particularly where heritage controls apply, and correct species identification is important before relying on an exemption. This guide explains Liverpool's exempt tree species, the additional exemptions for certain fruit trees and White Cedar, Priority Weeds, and what property owners should know about replacement planting after tree removal.
Liverpool City Council's exempt species list identifies trees that can be exempt from the standard Protected Tree controls when growing on private property.
| Exempt tree species | Exempt tree species |
|---|---|
| Cootamundra Wattle | Silky Oak |
| Western Australian Golden Wattle | Norfolk Island Hibiscus |
| Tree of Heaven | Large Leafed Privet |
| Cotoneaster | Small Leafed Privet |
| Chinese Hackberry | African Box Thorn |
| Hackberry | African Olive |
| Camphor Laurel | Prickly Pear |
| Leighton Green Cypress | Parkinsonia |
| Golden Cypress | Poplars |
| Kei Apple | Mesquite |
| Cockscomb Coral Tree | Black Locust |
| Coral Tree | Willows |
| Rubber Tree | Umbrella Tree |
| Honey Locust | Dwarf Umbrella Tree |
| Queen/Cocos Palm | |
| Athel Pine | |
| Rhus Tree | |
| Karoo Acacia | |
| Prickly Acacia |
Correct identification matters. Several exempt species can be confused with other trees that remain protected. If you are uncertain about the species, do not remove the tree solely because it resembles one on the exempt list. Send us photographs and your property address and we can help.
Four qualifications matter more often than the list itself.
Liverpool's Technical Guidelines provide an exemption for edible fruit trees under 10 metres in height. Lilly Pillies in the genera Syzygium and Acmena are specifically excluded, so a tree producing edible fruit should not automatically be assumed exempt. The species and height should be established before removal.
Liverpool's exemption provisions also identify White Cedar under 10 metres in height. The height condition matters, so a White Cedar should not be treated as exempt without first establishing that the tree falls within the applicable size requirement.
A tree on private property may also be exempt from the standard Protected Tree controls where it is identified as a Priority Weed for the Liverpool LGA on NSW WeedWise. Council's exempt-tree list should not necessarily be treated as the complete list of weed species that may fall outside the normal pathway. Confirm the current classification before undertaking tree work.
Not necessarily. The exemptions described here do not apply to heritage-listed trees, heritage-listed properties or Heritage Conservation Areas under the Liverpool material we have reviewed. A species appearing on the exempt list is not automatic permission to remove a tree where heritage controls affect the property or tree.
Where a tree on private land genuinely satisfies an applicable exemption and no overriding control applies, the standard Protected Tree approval pathway may not apply. The key word is genuinely. Before relying on an exemption, establish:
If you are uncertain, checking before removal is considerably safer than trying to establish the exemption after the tree has already been removed. Where an exemption does not apply and professional evidence is required, an Arborist Report for Tree Removal may be appropriate.
No. Liverpool's tree controls are based partly on Council's definition of a Protected Tree, rather than simply whether a species appears on the exempt list. Under Liverpool's current Technical Guidelines, the relevant definition includes a woody perennial plant greater than 5 metres in height with a trunk diameter of at least 140mm measured 1.4 metres above ground, or having a canopy spread greater than 4 metres.
Public-land trees are treated differently. Trees on public land are protected regardless of size, age or species.
See also the Liverpool Tree Removal & Pruning Guidelines for the full Protected Tree definition, permit pathway and pruning rules.
Replacement planting can form part of Liverpool's tree-management approach following removal of Protected Trees. The Liverpool Tree Policy establishes an objective of replacing removed Protected Trees at a minimum 3:1 ratio, where feasible, using appropriate pot sizes.
That means the removal of one Protected Tree can potentially result in replacement planting involving multiple trees, depending on the approval, site and applicable Council requirements. The actual replacement requirements applying to a particular property should be checked against the approval or Development Consent rather than assuming that the same planting outcome applies in every case.
Replacement planting serves a different purpose from determining whether an existing tree can be removed. Liverpool's broader tree-management framework seeks to manage the long-term urban forest and tree canopy across the Local Government Area. Replacement planting can contribute to:
The objective should not simply be to put another tree somewhere on the property. Species selection and available space matter if the replacement tree is expected to develop successfully over the long term.
The replacement tree should be appropriate for the location, available growing space and applicable Council requirements.
The eventual height and canopy spread should suit the property rather than creating a predictable conflict with buildings or infrastructure.
A tree needs adequate below-ground growing space as well as room for its canopy.
Consider the relationship with houses, garages, pools, retaining walls, driveways and boundaries.
Species selection should account for powerlines, drainage, sewer, telecommunications and other infrastructure.
Soil, drainage, exposure, available sunlight and the surrounding landscape can influence whether a species is appropriate.
Where Council requires replacement planting, the objective may involve restoring or improving canopy rather than replacing a large tree with a species that will permanently remain very small.
Liverpool City Council does not publish a single fixed list of approved replacement species for private property. Instead, Council's Tree Management Technical Guidelines set out the characteristics a suitable urban tree should have, and apply the same right tree, right place approach to any new or replacement planting.
Relevant characteristics Council weighs include the tree's ultimate size and form, tolerance of local soil and site conditions, drought, heat and wind tolerance, pest and disease resistance, canopy contribution and shade quality, and, in bushfire-prone areas, characteristics that reduce fire risk.
Where a specific planting schedule or preferred species does apply, for example as a condition of a Tree Permit, Development Consent or Council-approved landscape plan, that condition takes precedence over general guidance, and the approved documentation should be followed rather than a general list.
Not necessarily. Where replacement planting forms part of a Tree Permit, Development Consent or another Council approval, the conditions applying to that approval should be followed. A replacement species should also be suitable for the site. Planting an inappropriate large-growing species in a restricted location can simply recreate the same conflicts that led to the original tree-management issue. Where there is a choice, the better approach is to match the tree's mature dimensions and characteristics to the available space.
Tree removal associated with a Development Application is different from ordinary private-property tree removal. Where trees may be affected by proposed development, a Development Arborist Report, DA Arborist Report or Arboricultural Impact Assessment may be required. The development assessment may consider which trees should be retained, which trees are proposed for removal, Tree Protection Zones, Structural Root Zones, development impacts, landscape requirements, replacement planting, and protection of retained trees during construction.
Replacement planting requirements may therefore form part of the Development Consent or approved landscape documentation. See Development Arborist Reports Liverpool and the Liverpool Development Tree Compliance Guide.
An exemption from Liverpool's ordinary Protected Tree controls does not mean every form of vegetation clearing is automatically permitted. Liverpool's Tree Policy and associated tree-management documents do not cover all broad-scale land clearing or vegetation outside Council's Protected Tree definition. Other legislation can apply separately, particularly on larger rural, growth-area and Western Sydney Aerotropolis properties. This distinction is especially important where the proposed work involves more than an individual tree.
Council requirements and weed classifications can change. Confirm current, property-specific requirements before undertaking regulated tree work.
Liverpool City Council identifies a range of exempt species on private land, and Priority Weeds for the Liverpool LGA may also be exempt from the standard Protected Tree controls. The exemption should be confirmed against the actual species, property and applicable controls before removal.
Camphor Laurel appears on Liverpool's exempt-species list. Heritage and other applicable controls should still be checked before relying on the exemption.
Large Leafed Privet and Small Leafed Privet appear on Liverpool's exempt-species list.
Queen/Cocos Palm appears on Liverpool's exempt-species list. This does not mean every palm species is exempt. Correct species identification matters.
Edible fruit trees under 10 metres are identified as exempt, but Lilly Pillies in the Syzygium and Acmena genera are specifically excluded from this exemption.
White Cedar under 10 metres is identified as exempt in the Liverpool material.
Liverpool's Tree Policy establishes a minimum 3:1 replacement objective for removed Protected Trees where feasible. The actual planting requirements for your property should be confirmed against the applicable approval or Development Consent.
Liverpool does not publish one fixed list of approved replacement species for private property. The species should suit the site's available growing space, mature size and applicable Council requirements. Where Council specifies an approved or preferred species through an approval, landscape plan or planting schedule, those requirements should be followed ahead of general guidance.
Send us your plans, Council correspondence or photographs of the tree. Our AQF Level 5 Consulting Arborists can identify the appropriate assessment, explain the next step and provide a fixed quote before work begins.
