1. Byron Shire Council Tree Preservation Order applies to:
   
   1. any species of tree, palm or fern exceeding three (3) metres in height,
   2. any species of native plant within a community described as heath, mangrove, saltmarsh or sedgeland (of any height).
2. Notwithstanding Clause (1), this Order does not apply to:
   
   1. any tree grown for its edible fruit (other than species listed in the Threatened Species Conservation Act, 1995),
   2. minor pruning or lopping associated with regular garden maintenance,
   3. trees planted as part of a windbreak to an orchard,
   4. trees planted for commercial woodlots or farm forestry,
   5. trees within two (2) metres of the footprint of an existing building,
   6. trees under and within two (2) metres of the footprint of a building for which a construction certificate has been issued;
   7. trees listed in Attachment One as Undesirable Trees,
   8. trees in Council caravan parks where removal or lopping is consistent with an adopted vegetation management plan.
   9. Up to six (6) regrowth trees of less than ten (10) years of age per holding in a twelve (12) month period on any rural zoned land.

Attachment One - Undesirable Trees