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Effect of the Order The Order has the effect of prohibiting, except with the consent of Council, the following activities on any trees specified in this Order:
Ringbarking Cutting Down Topping
Injuring Lopping Removing
Poisoning Burning and any other method of injuring or willful destruction
Any person(s) found guilty of disobeying this order (i.e. carrying out any of the above activities without prior consent from Council) will be liable to prosecution by Council under Part 6, Division 4 - Offences, of the Environmental Planning and Assessment Act, 1979.
Definitions For the purpose of this Order 'lopping' is the reduction of, or the pollarding (trimming branch spread) of a tree by more than 10%. For the purpose of the Order a tree is defined as vegetation:
- that exceeds a height of three (3) metres above ground, or in the case of cabbage palm trees that exceed 0.5 metres in height as measured from the top to the base of the tree; or
- with a girth (circumference) exceeding 0.3 metres at 1 metre above the ground; or
- identified as a species of mangroves, which are protected regardless of their size.
Exemptions from the Order The Tree Preservation Order does not apply to or in any respect of:
- any species of tree declared as a noxious plant under the provisions of the Noxious Weeds Act 1993; or
- trees within a State Forest, or within a timber or forest reserve, within the meaning of the Forestry Act 1916; or
- trees within a National Park within the meaning of the National Parks and Wildlife Act 1974; or
- action required by clause 23 or 24 of the Electricity (Overhead Line Safety) Regulation 1991; or
- trees within a fuel free zone within the meaning of the document entitled "Planning for Bush Fire Protection", published by the Department of Bush Fire Services and as approved by the Council; or
- the destruction or removal of trees for the purpose of erecting or maintaining a fence on the property, but with only the necessary minimum number of trees to be removed.
Areas affected by the Order The TPO applies to both public and privately owned land within the following areas described below. If you are still unsure if your area is covered by Council's TPO please contact Council.
- Land within the Tuncurry urban area; Nabiac village and surrounds; Failford zone 1(d); and North Tuncurry as bound by Chapmans Road, Wallamba River and Main Road 111.
- The township of Forster and environs, including Wallis Island and land adjoining the ocean, Wallis Lake and Booti Booti National Park.
- The township of Tea Gardens and Hawks Nest, and surrounds between Hawks Nest and the boundary of the National Park to the east of the Myall River and to the west and north-west of Tea Gardens up to the land surrounding Viney Creek Road.
- The area of Mungo Brush as bound by Bombah Broadwater, Mungo Beach, and south along the eastern shores of the Myall River and the village of Nerong.
- The villages of North Arm Cove, Carrington and Tahlee; and surrounds to the north-west and west as bound by the shoreline, the Pacific Highway and Karuah on the eastern side of Karuah River.
- The villages of Green Point, Smiths Lake, Coomba Park, Tarbuck Bay, the wider area of Pacific Palms (including the Pacific Palms Urban Investigation Area), and the western side of Wallis Lake zoned 1(d).
- The village of Bungwahl and the surrounding area of Neranie to the south between Smiths Lake and Myall Lake and the village of Seal Rocks and its surrounds.
- The villages of Bundabah and Pindimar (both sections) and all land on the peninsula from Pindimar Bay to the eastern shores of North Arm Cove including Farm Cove.
- The northern surrounds of Bulahdelah, being land north of the intersection of Markwell Road and Markwell Back Road, and bound by the Pacific Highway and Myall River.
- Small rural lots or Rural Residential land, including, but not limited to land zoned 1(d) Small Holdings.
Further Information For further information on the protection of trees and vegetation please refer to Department Infrastructure Planning and Natural Resources Department of Environment and Conservation NSW
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