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Protected vegetation

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Learn how to manage protected vegetation on your building or development site. Check if you need a permit or an arborist report.

White Hills Reserve, with vibrant greenery and lush bushes and trees within protected vegetation.

Understanding protected vegetation

It’s important to be aware of protected vegetation when you’re undertaking building or planning work.  

If there’s protected vegetation on your work site, it may impact your development. You may need a permit to clear, manage or work around protected vegetation before beginning any work.

What is protected vegetation?

Protected vegetation includes vegetation protected under: 

  • the Natural Assets Local Law 2003 (NALL)
  • development approval conditions
  • heritage provisions
  • covenant conditions (restrictions issued under the Land Titles Act 1994). 
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Natural Assets Local Law 2003 (NALL)

The NALL protects our city’s natural assets, including bushland areas, wetlands, waterway corridors and trees in urban areas. It also enables better management of the impacts of weeds and hazardous vegetation.

When vegetation is protected under the NALL, it includes protection of the trunk, the canopy, foliage, flowers and the root zone. This will impact what vegetation you must keep as part of a proposal to build a house, subdivide or develop land.

Protected vegetation categories

All vegetation protected under the NALL falls into one of 4 categories.

  • Council vegetation: Vegetation on land that is owned, controlled or occupied by Council is protected. This includes street trees, vegetation in natural areas and trees in parks.  
  • Waterway and wetland vegetation: Waterways and wetlands can be natural or man-made and may be in fresh or saltwater environments.
  • Significant urban vegetation: Native and exotic vegetation on private property that is mature and/or prominent in the landscape. This vegetation may also have specific historical or cultural value in Brisbane.
  • Significant native vegetation: This includes native vegetation, from small ground covers and native grasses to large trees.

To find out more about the different types of protected vegetation, download our terminology list.

Your property may have protected vegetation if it: 

  • is located near or in the Brisbane River or a waterway corridor 
  • is in a bushland area or rural area 
  • contains large significant trees even in an urban area 
  • has heritage values.
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Nominating vegetation for protection

Does your development site have significant trees you want to protect? 

You can nominate an individual tree, a group of trees or an area of vegetation for Council protection.

Looking for something else

Vegetation Protection Orders

Protected vegetation permits

Plants, trees and gardening

Managing protected vegetation and building projects

1 Identify protected vegetation

You can make a protected vegetation enquiry about your property and receive a detailed report. Use the report to guide your building activities and ensure you meet regulations.

You can also use the report to determine the status of protected vegetation on your property. After your request is submitted, we’ll email you: 

  • a map of protected vegetation
  • the associated report as a PDF. 
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Note

Our report relies on the latest available data. Keep in mind, protected vegetation status may change with new information. Council does not offer a warranty for the accuracy of this report. Any information you give us will be handled in accordance with our Privacy Policy.

Make an enquiry
2 Contact Council before submitting your development application

Before you submit your development application, you can request planning advice and discuss your proposed plans with Council.

We can help address your requirements or concerns before you apply.

3 Request permission to work on protected vegetation

Once your development application has been finalised, you may need to apply for a permit to work on protected vegetation. 

To work on vegetation protected by development approval conditions or a covenant, you must obtain written approval from Development Services by email.

You may also need to amend the development permit and obtain a separate permit to work on protected vegetation. 

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Note

Penalties apply if you interfere with protected vegetation without a permit.

Managing works impacting trees

Construction or development works around trees can have detrimental impacts on the health of the vegetation.

Works that may impact vegetation include (but are not limited to):

  • construction of a new building or driveway 

  • excavation or fill for a retaining wall

  • storage of fill or machinery

  • trenching for plumbing or services.

You may need an arboricultural impact assessment for works that are expected to significantly impact vegetation.  

A tree risk assessment report may also be required by Council, as part of the arborist report, if you propose to:

  • remove the tree completely

  • remove the tree due to its health or vigour

  • carry out significant and/or major works on the tree or vegetation, which could see its structure altered.  

A tree risk assessment report outlines the dangers or risks associated with a tree. This is based on identified faults, damage, defects, pests and diseases.

Tree risk assessment reports must be carried out by a qualified arborist. 

An arborist report details the structural integrity of a tree and identifies any risks or dangers. 

The report must be lodged by a qualified arborist.

Report checklist

An arborist’s tree risk assessment report must include the following information.

  • The arborist’s name, company name, address, telephone number, qualifications and experience. 
  • The site address and date of inspection. 
  • Methods or techniques used in the inspection, such as resistograph and Visual Tree Assessment. 
  • Details about the tree, including species, dimensions (i.e. height, canopy width, diameter at breast height), location in the site and observations/data on its condition, health and structural integrity.  
  • Recommendations and explanations about the proposed work. This includes changes to a building design and the suggested location of a tree protection zone. 
  • Evidence such as annotated photographs, test results and statements. 
  • Sources of information referred to or relied on in the report. 

Choose a qualified and experienced arborist to prepare your tree risk assessment or arborist report.

The arborist must:

  • be competent and qualified to the AQF Level 5 in arboriculture
  • hold qualifications equivalent to the Australian Government AHC50510 Diploma of Arboriculture
  • have experience in arboricultural principles and practices, including tree risk hazard assessment and reporting
  • have public liability insurance for $20 million and professional indemnity insurance for $2 million
  • be able to provide a current certificate/s of insurance if requested by Council
  • be committed to professional development through membership of a professional organisation such as Queensland Arboricultural Association.
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A qualified professional must maintain and carry out works to a protected tree. This reduces the risk of property damage, injury to a person or irreversible damage to the tree.

To find a qualified arborist, you can search:

Frequently asked questions 

No, the Natural Assets Local Law 2003 (NALL) doesn’t stop you exercising your land use rights. The NALL is not a land use control.

Along with Brisbane City Plan 2014, the local law delivers a balance between protecting the environment and ensuring houses, subdivisions and land are built and developed responsibly.

You should apply for a permit to remove protected vegetation before submitting a development application.

Before proceeding with your development plans, it is essential to address the requirements for vegetation removal and get the relevant permit. Contact Council to discuss your proposed plans before you submit your development application.

You can ask for significant trees to be protected under the Natural Assets Local Law 2003 (NALL). To make the request you must submit a Vegetation Protection Order nomination.