Stronger Tree Protection Legislation
South Australia’s tree protection legislation has recently been further strengthened, closing an important loophole.
Following sustained community pressure, South Australia’s Planning & Design Code was amended in May 2024. New tree protection policies meant that most native tree species were protected provided
- They had a circumference larger than 1 (previously 2m) for a Regulated Tree and 2m (previously 3m) for a Significant Tree; and
- They were more than 3m (previously 10m) from a dwelling or in-ground swimming pool
However, there was a loop hole.
The legislation was not clear whether that 3m radius could extend across land boundaries. So effectively a developer wanting to remove an otherwise protected tree growing on the property boundary could use a neighbour’s dwelling or swimming pool as an excuse to cut down the tree – without consulting the neighbour.
From November 2025 the legislation was clarified. Now it is explicit that for the 3m rule to apply, the dwelling or pool must be on the same property as the tree.
Slowly, slowly, we are getting much needed better protection for our Urban tree canopy.