In NSW, under the Environmental Planning and Assessment Act 1979, the maximum fine for illegal tree removal is $1.1 million for a corporation and $220,000 for an individual. This is in cases brought before the Land and Environment Court. But the usual range is from $1,000 to $100,000 per offence. Only 19 cases were prosecuted from 2018 to 2022. There have been other smaller fines imposed by councils. Few have been issued as it is difficult to catch the tree loppers in the act.
There have also been instances of major tree destruction in 2023 in Willoughby and Lane Cove with no prosecutions. There have been lots of council lobbying and petitions but no action so far by the NSW government.
There may be a sign of action soon. Recently Matt Cross, the member for Davidson, asked a question in the NSW parliament whether the Department of Planning and Environment is considering whether the current penalty framework for tree vandalism is effective. He received a positive response that:
The NSW government is consulting with councils as the primary regulator of illegal tree clearing and investigating opportunities to strengthen the current penalty framework and promote tree retention.
A positive sign but how long will this take?
