Is Your Tree Near Erina Creek?

Council’s flood data describes the 32 km² Erina Creek catchment as one of the major tributaries entering Brisbane Water at East Gosford. If your tree is close to the creek or one of its tributaries, there is a second set of rules on top of council’s.

Under the Water Management Act 2000, “waterfront land” includes the bed and banks of a river and the land within 40 metres of its highest bank. Removing material from that land, including vegetation, is a controlled activity, and it needs approval from the state’s water regulator unless an exemption applies. This is separate from council’s tree permit, so a tree can be exempt under council’s rules and still need checking against the water rules.

Not all tree work on waterfront land needs approval. The Water Management (General) Regulation 2025 sets out exemptions, and the NSW Government’s Water Assist site has an e-tool that tells you whether your site is waterfront land and whether an exemption applies. Its report isn’t an approval, so you still have to get any approval the Act requires.

Before You Book In Erina

• Check whether the tree is within 40 m of the creek bank, using the waterfront land e-tool on the Water Assist site.
• Check whether an exemption applies, using the controlled activity exemption e-tool.
• Check council’s rules. The exemptions council allows are on our home page, and the evidence it asks for is explained on our arborist page.
• Have the species identified before anyone cuts. Threatened species aren’t covered by council’s exemptions.
• If a storm has brought a tree down, start with our emergency tree removal page. For a bigger block, see land clearing.
• Decide about the stump. Our stump grinding page covers the options.