The NSW Government has announced a crackdown on illegal tree clearing, with much higher fines and new powers for councils. Planning Minister Paul Scully announced the changes on 20 October 2026, saying communities are tired of seeing local trees poisoned and ripped out.
For anyone planning a subdivision, trees are often one of the first site constraints. The changes are not in force yet, but they signal a firmer approach to clearing without approval.
What has been announced
The announcement has two parts.
- A Bill for civil penalties. Legislation will allow councils to pursue civil penalties of up to $500,000 for individuals and $2.5 million for corporations for illegal clearing on public and private land.
- Regulation changes. These would double on-the-spot fines, let councils issue orders to stop tree clearing works and enforce replanting, and introduce permit requirements for removing dead and dying trees, to remove any incentive to poison trees.
How much are the proposed fines? The Government says on-the-spot fines would double from $3,000 to $6,000 for individuals and rise from $6,000 to $18,000 for businesses. Separately, the Bill would let councils seek civil penalties of up to $500,000 for individuals and $2.5 million for corporations.
Where it is up to
Are the new NSW tree clearing penalties in force? Not yet. The civil penalties of up to $500,000 for individuals depend on the Environmental Planning and Assessment Amendment (Vegetation) Bill 2026, which is before the NSW Legislative Assembly. The doubled on-the-spot fines are planned regulatory changes, and no start date had been published as at 2 November 2026.
The changes build on the "Protecting our trees" proposal exhibited by the Department from 23 April to 4 June 2025, which is listed as under consideration. The Department's policy page also describes a proposal that, after a penalty notice or court finding for unlawful clearing, a site would be excluded from complying development for 5 years, or until the conditions of a vegetation order are met.
What it could mean for subdivision
Do I need approval to remove trees on my own land in NSW? Often, yes. The NSW planning department says councils generally require approval to clear trees, even on private property.
Trees often sit where a new driveway, a second home or a new boundary would go. Under the proposed rules, clearing without approval could bring a stop-work order, compulsory replanting and much higher penalties. The proposed exclusion from complying development would also close off the faster approval pathway that many small developments rely on.
Approved tree removal is usually considered as part of the development application for the subdivision, with the council's tree rules and any biodiversity requirements applied to the site.
- Read our NSW subdivision guide for how the process works.
- You can check your own block with Subdivision Checker.
- A licensed surveyor or town planner can confirm what applies to your land.
Frequently asked questions
Are the new NSW tree clearing penalties in force?
Not yet. The civil penalties of up to $500,000 for individuals depend on the Environmental Planning and Assessment Amendment (Vegetation) Bill 2026, which is before the NSW Legislative Assembly. The doubled on-the-spot fines are planned regulatory changes, and no start date had been published as at 2 November 2026.
How much are the proposed fines?
The Government says on-the-spot fines would double from $3,000 to $6,000 for individuals and rise from $6,000 to $18,000 for businesses. Separately, the Bill would let councils seek civil penalties of up to $500,000 for individuals and $2.5 million for corporations.
Do I need approval to remove trees on my own land in NSW?
Often, yes. The NSW planning department says councils generally require approval to clear trees, even on private property.
Sources
- Tree vandals on notice: clear illegally and you'll pay double (NSW Government, 20 October 2026)
- Environmental Planning and Assessment Amendment (Vegetation) Bill 2026 (Parliament of NSW)
- Protecting our urban trees and vegetation (NSW Planning)
- Policy changes: protecting our urban trees and vegetation (NSW Planning)
- Protecting our trees (NSW Planning Portal)
This article is general information only, current at 2 November 2026. The Bill and regulation changes are proposals and may change. Speak to a licensed surveyor or town planner about your property.