Penrith Local Environmental Plan 1998 (Urban Land)
28Tree preservation
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28 Tree preservation
28 Tree preservation
(1) A person must not ringbark, cut down, poison, dig up, top, lop, remove, injure, or wilfully destroy any tree or vegetation by any action (including the addition of soil or drainage works around the base of a tree), except with the consent of the council.
(2) Despite subclause (1), consent is not required where—
(a) the tree is dead, or
(b) the tree is a declared noxious weed under the Noxious Weeds Act 1993, or
(c) the tree is less than five metres from a building or work for which consent has been granted or which has been approved by the council, or
(d) the tree is a fruit tree that requires an annual pruning, or is within a timber plantation, or
(e) the tree is of a species identified in a development control plan as having potential to cause damage to foundations and sewer lines, or is of a species that is identified as undesirable.
(3) This clause does not apply to tree trimming, tree removal or other similar measures carried out by an electricity authority, if the work being undertaken is in accordance with a tree management plan agreement approved by the council.