In June 2025 WEPA submitted feedback and recommendations on the NSW Government’s proposed changes to deter illegal tree and vegetation clearing.

A healthy canopy, including established large trees and dead tree hollows, is essential to provide habitat, protection and food for vulnerable wildlife struggling to survive in urban centres. WEPA also believes that trees are undervalued community assets. They contribute to our health through clean air and urban heat mitigation, and to the emotional well-being of our community through the positive benefits of connection to nature.

We are concerned that the NSW Government’s target of 40% canopy cover across Greater Sydney is slipping away. In 2019 ArborCarbon data for the Willoughby LGA recorded tree canopy at 35.6%, declining by almost 5% to 33.9% in 2022. Measures to increase density such as the Low and Medium Rise reforms and TOD program threaten to further reduce urban canopy.

Changes proposed to the Biodiversity and Conservation SEPP that WEPA supports include –

• Higher penalties with a tiered system based on contributing ecological factors and prior history of the offender.
• Considerable increases for ‘corporations’ engaging in illegal activity.
• Clarification that penalties will apply per tree.
• Enforcement of Complying Development restrictions where land has been illegally cleared.
• Stopping illegal and unnecessary removals through abuse of loopholes around dead, dying or dangerous vegetation.
• A clearer framework for non-regulatory measures, recommending a best-practice approach to screening where illegal clearing has occurred on public land.

We made several recommendations to close other potential loopholes and strengthen the outcomes. We pointed out that the higher amount should be applied to any business receiving payment for illegal tree, not just those that operate as ‘corporations’. We also suggested changes to improve landholder accountability, ensure that court rulings don’t fine below the new thresholds and consider greater penalties where broader public amenity is impacted within areas shared for recreational activity.

On other matters not tabled under the SEPP changes, WEPA recommended repealing the 10/50 law to stop illegal clearing that can occur under a flawed bushfire plan. We recommended improved management of arborist practices and camera monitoring established as a DA requirement in high value locations.

You can read our full submission here

WEPA believes that protection of trees is of vital importance to our environment, urban amenity and health. We hope to see these changes adopted before the end of 2025 so that our tree canopy will receive the protection it deserves.