Trees and Vegetation

There have been changes to Tree Legislation in May 2024 that may impact trees on your property. Please contact the Development and Planning Department on 8404 0400 for more information.

A ‘significant tree’ is a regulated tree that is:

Any tree in metropolitan Adelaide and/or townships in the Adelaide Hills Council or parts of the Mount Barker Council with a trunk circumference of 3 metres or more measured at a point 1 metre above natural ground level (in the case of trees with multiple trunks, it is those with trunks with a total circumference of 3 metres or more and an average circumference of 625mm or more measured at a point 1 metres above natural ground level).

OR

Any tree identified as a significant tree in Part 10 of the Planning and Design Code.

Any tree in metropolitan Adelaide (which includes the Hills Face Zone and/or townships in the Adelaide Hills Council) with a trunk circumference of 2 metres or more, when measured at a point 1 metre above natural ground level or, in the case of a tree with multiple trunks, that has trunks with a total circumference of 2 metre or more and an average circumference of 625mm or more.

The Planning, Development and Infrastructure Act 2016 provides that damaging a 'regulated' or 'significant' tree is development and requires Development Approval. This does not include dead trees, native vegetation or trees within 20 metres of a house in a bushfire risk overlay. Regulated and Significant tree protection does not apply in the following zones:

• Productive Rural Landscape Zone
• Recreation Zone
  
• Resource Extraction Zone
• Conservation Zone
  

The Native Vegetation Act 1993 applies to Native Vegetation and covers most of the Adelaide Hills Council area. You may have further obligations under this Act which is administered by the Native Vegetation Council.

For more information on significant and regulated trees please click here.

For more information on the Native Vegetation Council click here.

Maintenance pruning of less than 30% of a tree crown is not controlled where the pruning is required to remove dead or diseased wood, or to remove branches that pose a risk to buildings or areas frequently used by people. Refer to Australian Standard 4373-1996 'Pruning of Amenity Trees'.

Pruning back a regulated tree's branches or roots that are encroaching on your property does not require development consent unless it is likely to affect the health and appearance of the tree. For further information please contact the Legal Services Commission.

Where cutting back the tree would result in damage to the tree (including root damage), you will be required to seek Development Approval from Council for any works on your side of the common property boundary.

In South Australia native vegetation (not exclusively trees) is protected by the Native Vegetation Act 1991. In most cases the clearance of native vegetation requires the consent of the Native Vegetation Council. Under this Act 'clearance' may be interpreted similarly to 'damaging activity'.

The Regulations of the Native Vegetation Act list a number of exemptions where clearance of native vegetation does not require approval.