The current penalties
Clearing vegetation that needs a permit, without one, is an offence under s 4.3 of the Environmental Planning and Assessment Act.
| Individual | Company | |
|---|---|---|
| Penalty notice (on-the-spot fine) | $3,000 | $6,000 |
| Local Court maximum | 1,000 penalty units | 1,000 penalty units |
| Tier 3 (court) | $250,000 | $1 million |
| Tier 2 (court) | $500,000 + $5,000 a day | $2 million + $20,000 a day |
| Tier 1 (intentional, serious harm) | $1 million + $10,000 a day | $5 million + $50,000 a day |
Many websites still quote “$1.1 million plus $110,000 a day”. That figure is out of date.
Harming a threatened species or its habitat is a separate offence under the Biodiversity Conservation Act, with penalties up to $330,000 for an individual and jail.
On top of the fine
- Replacement trees. Councils usually require new trees, often at two to four for one. Sutherland Shire applies a 4:1 offset to trees removed illegally.
- Court-ordered replanting. A court can order you to replant and maintain trees to maturity, and to put up security for it.
- Costs. Council legal costs can exceed the fine.
Real cases
- Canterbury-Bankstown: a developer was fined $36,000 in Bankstown Local Court for removing protected trees at Padstow Heights, after first receiving six penalty notices and choosing to go to court.
- Ku-ring-gai (June 2026): an owner was fined $10,000 plus $4,800 costs for removing a 24 m Norfolk Island pine in Killara. Council also reported a builder receiving $62,000 in fines plus $63,851 in costs for removing multiple trees.
- Sutherland Shire (Barden Ridge): an enforceable undertaking after illegal clearing of a 7.4 ha site: 38,700 replacement plants (about 600 trees), $109,000 from the landowner and $55,000 from the contractor.
Tougher rules proposed
In 2025 the NSW Planning Department proposed higher, tiered fines: $3,000 / $9,000 as the base, and $6,000 / $18,000 for trees 10 m or taller, trunks 30 cm or more across, repeat offenders, and heritage or biodiversity land, potentially charged per tree. As at 30 September 2026 these weren’t yet law.
Staying on the right side
Check your council’s rules before any work, keep your permit on hand while the work is done, and use a contractor who asks to see it. We won’t remove a protected tree without approval, and we’ll tell you if your job needs one.