Exempt Tree Species List, Penrith Council
38 Exempt Tree Species Entries, Subject to Council’s Conditions
Penrith City Council publishes a defined list of tree species that can be pruned or removed without a Vegetation Permit, but the exemption is never automatic. Each species on Council’s list carries its own conditions: some carry no additional species-specific criteria, most are not exempt where the tree sits on a heritage site or the Significant Trees and Gardens register, several are height-limited, and a small number carry additional documented-evidence requirements.
This page sets out Penrith City Council’s currently published Exempt Tree Species List (Document Version 4, November 2020), together with the conditions attached to each entry. It is a companion to our Tree Removal & Vegetation Permit Guide, which explains the other exemption categories, including dead trees, imminent risk, deadwood and pruning thresholds, that apply regardless of species.
Not sure whether the tree on your property matches one of these species, or whether the conditions attached to it are actually met? Send us photographs and we can help confirm before any work proceeds.
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Council’s Important Notes Before You Rely on the List
Council attaches four Important Notes to the list, and all four apply regardless of species:
The exempt tree species list does not apply to trees on a significant tree or vegetation register, trees with heritage significance, trees in heritage gardens, or trees within a heritage conservation area, even if the species is listed below.
A Vegetation Permit is not required to prune or remove a species on this list if the exemption criteria for that specific species are met. Being on the list is the starting point, not the end of the assessment.
The list may be amended based on new information. This page reflects Document Version 4, November 2020. Always refer to the most current list published on Council’s website before relying on it for a specific removal.
Listing a species here does not restrict planting it. For non-weed species on the list, exemption from seeking a permit does not mean a tree cannot be planted in Penrith City and used within landscaping or other gardens where appropriate. Seek advice from a suitably qualified person for that.
If you are relying on this exemption, particularly where the species carries a height limit or a documented-damage condition, Council’s general advisory position is that you should be able to demonstrate the criteria were met if asked. Where an exemption depends on species identification, tree height or documented damage, retaining clear evidence that the criteria were satisfied can help demonstrate why the exemption was relied upon.
Council information last verified: 30 August 2026. Species list Document Version 4, November 2020. Council requirements can change. This page provides general guidance current as of the date above. For a determination specific to your property, confirm current requirements with Penrith City Council or arrange a site assessment.
Penrith’s Exempt Tree Species List
Search the table by common or botanical name to check whether your tree appears on Council’s list.
| # | Common Name | Scientific Name | Exemption Criteria |
|---|---|---|---|
| 1 | African Olive | Olea europaea subsp. cuspidata | Full exemption |
| 2 | Apple | Malus domestica and cvs. | Does not apply to trees on heritage sites or significant trees |
| 3 | Apricot | Prunus spp. and cvs. | Does not apply to trees on heritage sites or significant trees |
| 4 | Athel Pine | Tamarix aphylla | Full exemption |
| 5 | Banana | Musa spp. | Does not apply to trees on heritage sites or significant trees |
| 6 | Broad Leaf Pepper | Schinus terebinthifolius | Does not apply to trees on heritage sites or significant trees |
| 7 | Camphor Laurel | Cinnamomum camphora | Only applies to trees less than 8 metres in height. Does not apply to trees on heritage sites or significant trees |
| 8 | Cassia | Senna pendula | Full exemption |
| 9 | Cherry | Prunus avium / Prunus cerasus and cvs. | Does not apply to trees on heritage sites or significant trees. Does not apply to ornamental fruit trees |
| 10 | Chinese Tallowwood | Triadica sebifera | Only applies to trees less than 8 metres in height. Does not apply to trees on heritage sites or significant trees |
| 11 | Cocos Palm | Syagrus romanzoffiana | Full exemption |
| 12 | Coral Tree, Common Coral Tree | Erythrina x sykesii | Full exemption |
| 13 | Cotoneaster | Cotoneaster sp. | Does not apply to trees on heritage sites or significant trees |
| 14 | European Pear | Pyrus communis and cvs. | Does not apply to trees on heritage sites or significant trees. Does not apply to ornamental fruit trees |
| 15 | Grapefruit | Citrus x paradisi cvs. | Does not apply to trees on heritage sites or significant trees |
| 16 | Hackberry, Chinese Hackberry | Celtis sinensis | Full exemption |
| 17 | Himalayan Honeysuckle | Leycesteria formosa | Full exemption |
| 18 | Holly, English Holly | Ilex aquifolium | Full exemption |
| 19 | Honey Locust | Gleditsia triacanthos | Full exemption |
| 20 | Lemon Tree | Citrus limon cvs. | Does not apply to trees on heritage sites or significant trees |
| 21 | Leyland Cypress | X Cupressocyparis leylandii and cvs. | Only applies to trees less than 8 metres in height. Does not apply to trees on heritage sites or significant trees |
| 22 | Loquat | Eriobotrya japonica | Does not apply to trees on heritage sites or significant trees |
| 23 | Lote Tree, Nettle Tree, Mediterranean Hackberry | Celtis australis | Only applies to trees less than 8 metres in height. Does not apply to trees on heritage sites or significant trees |
| 24 | Liquidambar | Liquidambar styraciflua | Only applies to trees growing within 3 metres of underground services such as sewer lines, water pipes or stormwater lines, where there is documented evidence, for example a report by a suitably qualified person, of ongoing damage to services that cannot feasibly be repaired without tree removal. Does not apply to trees on heritage sites or significant trees |
| 25 | Mandarin | Citrus reticulata cvs. | Does not apply to trees on heritage sites or significant trees |
| 26 | Mango | Mangifera indica | Does not apply to trees on heritage sites or significant trees. Does not apply to ornamental fruit trees |
| 27 | Mulberry Tree | Morus spp. | Does not apply to trees on heritage sites or significant trees. Does not apply to ornamental fruit trees |
| 28 | Norfolk Island Hibiscus | Lagunaria patersonia | Does not apply to trees on heritage sites or significant trees |
| 29 | Oleander | Nerium oleander | Full exemption |
| 30 | Orange | Citrus sinensis cvs. | Does not apply to trees on heritage sites or significant trees |
| 31 | Peach | Prunus persica and cvs. | Does not apply to trees on heritage sites or significant trees. Does not apply to ornamental fruit trees |
| 32 | Plum | Prunus spp. and cvs. | Does not apply to trees on heritage sites or significant trees. Does not apply to ornamental fruit trees |
| 33 | Privet Species | Ligustrum sinense, Ligustrum lucidum, Ligustrum vulgare | Full exemption |
| 34 | Radiata Pine, Pine Wildings | Pinus radiata | Only applies to trees less than 8 metres in height. Does not apply to trees on heritage sites or significant trees |
| 35 | Rhus Tree | Toxicodendron succedaneum | Full exemption |
| 36 | Rubber Tree | Ficus elastica and cvs. | Full exemption |
| 37 | Tree of Heaven | Ailanthus altissima | Full exemption |
| 38 | Willows | Salix spp. (excludes S. babylonica, S. x calodendron and S. x reichardtii) | Does not apply to trees on heritage sites or significant trees |
Reading the Conditions Correctly
The list groups into a few practical categories.
Full exemption entries
African Olive, Athel Pine, Cassia, Cocos Palm, Common Coral Tree, Chinese Hackberry, Himalayan Honeysuckle, English Holly, Honey Locust, Oleander, Privet, Rhus Tree, Rubber Tree and Tree of Heaven are described by Council as full exemption.
Council’s Important Notes at the beginning of the list should still be checked before relying on the species exemption. The heritage and significant-tree carve-out described above applies list-wide, including to these entries.
Heritage and significant-tree exclusion only
The majority of species on the list. The exemption applies unless the specific tree sits on a heritage site, in a heritage garden, within a heritage conservation area, or on the Significant Trees and Gardens register.
Height-limited
Five entries, being Camphor Laurel, Chinese Tallowwood, Leyland Cypress, Lote Tree and Radiata Pine or Pine Wildings, are only exempt below 8 metres in height. A mature specimen of any of these species can exceed the exemption and require a standard Vegetation Permit assessment.
Ornamental-fruit exclusion
Council’s list states that the exemption does not apply to ornamental fruit trees for specified entries including Cherry, European Pear, Mango, Mulberry, Peach and Plum, in addition to the standard heritage exclusion. If it is unclear whether Council’s exclusion applies to a particular tree, confirm the position before relying on the exemption.
Condition-specific
Liquidambar is materially different from every other entry because the exemption depends on documented evidence of ongoing service damage that cannot feasibly be repaired without tree removal, rather than a straightforward species, height or heritage check. The appropriate evidence will depend on the circumstances and may involve arboricultural or other suitably qualified professional assessment.
Tree Health & Safety Assessments PenrithWhat This List Does Not Cover
This page addresses species-based exemptions only. It does not cover:
- The general pruning exemptions, including branches under 50mm, roofline clearance and low branches on trees over 6 metres
- The dead-tree, imminent-risk, deadwood, dwelling-proximity or 10/50 bushfire exemptions
- Native vegetation clearing thresholds
- Tree removal proposed as part of a Development Application
When Professional Assessment May Help
Many straightforward exempt-species situations will not require an Arborist Report.
Professional assessment may be useful where species identification is uncertain, the tree is close to an 8-metre exemption threshold, heritage or significance controls may apply, or the exemption depends on evidence of damage.
Several entries require accurate species identification, particularly among fruit trees and closely related ornamental species, while the height-limited entries require an actual measurement rather than an estimate from the ground.
Where the exemption depends on a condition Council could reasonably ask you to demonstrate, whether species identification, height, or for Liquidambar documented service damage, retaining clear evidence that the criteria were met is worth doing before work proceeds, not after.
Request a free quoteFrequently Asked Questions
How the exempt species list works, and what it does not cover.
Is this the same list Council currently publishes?
This page reflects Document Version 4, November 2020.
Council can amend the list. We recommend confirming against Council’s current published version before relying on the exemption for proposed pruning or removal.
My tree’s species is not on this list. Does that mean I need a permit?
Not necessarily.
Other exemptions may still apply, including dead tree, imminent risk, deadwood or dwelling proximity. However, the species-based exemption specifically will not apply. See our Tree Removal & Vegetation Permit Guide for the other exemption categories.
My tree is a listed species but it is on a heritage-listed property. Am I exempt?
No.
The heritage and Significant Trees and Gardens carve-out applies list-wide, overriding the species-specific exemption regardless of which species it is.
How do I know if my Camphor Laurel or Leyland Cypress is under 8 metres?
It should be measured rather than guessed.
This matters where the tree is close to the threshold. Estimating height from the ground is unreliable, particularly close to 8 metres. A measured assessment removes the guesswork before you rely on the exemption.
What if I am not sure whether my fruit tree counts as ornamental?
Confirm the position before relying on the exemption.
Council’s list excludes ornamental fruit trees from the exemption for specified entries, being Cherry, European Pear, Mango, Mulberry, Peach and Plum.
Not Sure If Your Tree Qualifies?
Species identification, height measurement and the specific condition attached to your tree all matter before an exemption can be relied on safely.
Send us photographs of the tree, including trunk, bark, leaves and, if available, fruit or flowers, together with the property address.
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