The NSW 10/50 Vegetation Clearing Rule on the Central Coast

Why this rule matters on the Central Coast

The Central Coast is one of the most bush-fringed parts of NSW. National parks, state forests and reserves wrap around the towns, and a large number of homes in Gosford, Terrigal, Kincumber, Wyong and the peninsula back onto bushland. Many of those properties sit within land the NSW Rural Fire Service maps as bushfire-prone.

The 10/50 vegetation clearing scheme was introduced to give owners of those homes a simpler way to reduce fuel close to buildings. It is useful, but it is narrower than many people think, and it is often misquoted. A tree cut under a mistaken belief that "10/50 covers it" can still be a breach of Council rules.

What the entitlement allows

According to the NSW Rural Fire Service, owners of land inside a 10/50 vegetation clearing entitlement area may:

• Clear trees on their own property within 10 metres of a home, without seeking approval.
• Clear underlying vegetation, such as shrubs, but not trees, on their own property within 50 metres of a home.

The "10" is for trees; the "50" is for the vegetation underneath. A large spotted gum 30 metres from the house is not covered by the 50-metre part. That is the single most common misunderstanding.

How the distance is measured

The RFS says the distance is measured from the external walls of the building, including permanent attached structures such as decks and verandahs. Only trees above a minimum size, measured as a trunk circumference at a set height, count as trees for the scheme. Read the RFS definition rather than guessing.

Which buildings count

The scheme covers homes and some other buildings with residents or vulnerable occupants, such as certain tourist accommodation, child care centres, hospitals and schools. The building must be lawfully approved. The RFS lists the eligible building types in full, along with some exclusions.

Checking your entitlement

The entitlement depends on whether your land is inside a mapped 10/50 area. The maps are based on bushfire-prone vegetation and can change.

To check:

1. Go to the NSW Rural Fire Service 10/50 page and use the online entitlement tool.
2. Enter your address. If your property covers several lots, check each one.
3. Re-check on the day you plan to clear. The RFS advises confirming eligibility on the day.
4. Save or print the result. If anyone asks later, it is your record.

If the tool says your property is not in an entitlement area, the 10/50 rule does not apply, and Central Coast Council's tree rules govern any removal.

Where 10/50 clearing is not allowed

Even inside an entitlement area, the RFS lists situations where the scheme does not permit clearing. These include, among others:

• Aboriginal places and objects, including scarred trees
• Heritage items, State or local
• Critical habitat and areas of critically endangered species or ecological communities
• Land close to larger lakes and rivers: the RFS lists a buffer from lakes and rivers above a set width
• Steep land, above a set slope
• Certain wetland, coastal and rainforest areas

Several of these matter on the Central Coast. Homes near Tuggerah Lake, Brisbane Water, the Wyong River and the coastal lagoons may be close to waterways or within mapped coastal areas. Escarpment and hillside lots behind Gosford and Terrigal can exceed the slope limit. Check each item against the RFS list before relying on the entitlement.

Conditions on how clearing is done

The code also controls the method. The RFS lists conditions including:

• No disturbance of the soil and no heavy machinery
• Keep protective ground cover on the soil surface
• Pruning must follow the Australian Standard for pruning amenity trees
• No clearing contrary to development consent conditions or covenants on the land
• No burning of cleared vegetation under the scheme

In practice, that usually means trees are cut down and the wood removed or cut up, but stumps and roots are left in the ground. If you want stump grinding or digging, check whether it falls outside the code and needs separate approval.

Neighbours and shared trees

The RFS is clear that you may only clear your own land. If a tree on your neighbour's land is within 10 metres of your house, the scheme does not let you cut it. You will need your neighbour's agreement, and then Council's rules for that tree apply. Similarly, street trees and trees on public reserves are not covered, even if they are close to your home.

How it fits with Central Coast Council rules

Central Coast Council manages trees on private land through Chapter 3.5, Tree and Vegetation Management, of its development control plan. Council's own information explains that:

• Some tree work is exempt under the plan, for example certain trees very close to approved structures, some dead trees on smaller residential lots, and listed undesirable species. Exemptions carry conditions, such as keeping an arborist's record of the tree, and do not apply to threatened species, habitat for threatened fauna, endangered ecological communities or heritage items.
• Where an exemption does not apply, a Private Tree Works Application is needed before removal or pruning.

The 10/50 entitlement and Council's exemptions are separate. A tree might be covered by one, both or neither. Check both before deciding, and keep a record of whichever applies.

Beyond 10/50: hazard reduction

If you want to reduce bushfire fuel further from the house than the 10/50 scheme allows, the RFS has other pathways for bush fire hazard reduction, which usually involve an application and assessment. Contact the RFS or Council for advice on larger-scale clearing.

A worked example

Picture a single-storey home in a bush-backed Kincumber street, with a timber deck on the bush side. The RFS tool, run on the morning of the job, confirms the lot is in an entitlement area.

• A blackbutt 7 metres from the deck is within the 10-metre zone. Provided none of the exclusions apply (it is not a heritage item, the slope is under the limit, it is not near a large waterway), it can be cut without Council approval. The stump stays.
• Shrubs and saplings 30 metres out can be thinned under the 50-metre allowance, as long as ground cover is kept and no machinery disturbs the soil.
• A spotted gum 18 metres away is not covered. If the owner wants it removed, Council's DCP rules apply, and it may need a Private Tree Works Application.
• A neighbour's angophora 6 metres from the house is not covered, because it is not on the owner's land.

Before anyone starts

1. Run the RFS check on the day and save the result.
2. Walk the property and measure distances from the external walls, including decks.
3. Check the exclusions: waterways, slope, heritage, habitat, coastal areas.
4. Note any development consent conditions or covenants on your land.
5. Plan the method so soil is not disturbed and ground cover stays.
6. For anything outside the entitlement, contact Central Coast Council.

If you would like a contractor to look at the trees and talk it through, call (02) 4307 6753. Contractors can advise on the trees, but the entitlement and the decision belong to the landowner. See also tree removal and the cost guide.