Clearing and Modification of Land, Trees and Native Vegetation

The clearing or pruning of native trees and vegetation in most residential areas generally does not require written planning approval from the City, unless the works are required to undertake a development, construct a building or structure or implement a subdivision application under the Planning and Development Act 2005. In this case, the removal or pruning of trees and vegetation is assessed as part of the planning application. Applications for development lodged with the City where native trees or vegetation are impacted should provide the following in support of the application:

• An aerial site plan showing the location of trees/shrubs to be impacted by the development;
• A description of the trees and/or vegetation subject to the application (the number of trees or shrubs impacted and (where possible) the species within the proposal area; and
• At least two photographs of the affected trees or shrubs.

However, the removal, pruning or modification of native trees and shrubs for any other purpose (e.g. nuisance, landscaping, safety) may require a Clearing Permit from the State Government under the Environmental Protection Act 1986 (EP Act). Under the EP Act it is an offence to clear native vegetation (trees and shrubs) unless the clearing is done in accordance with a clearing permit, or an exemption applies. For trees sought for removal due to a safety risk, a supporting Arborist report is required.

Landowners must ensure that a valid clearing permit or clearing permit exemption is in place prior to undertaking clearing or pruning activities on their property within the residential zone. Further information on the State approval requirements can be found here or by contacting the Department of Water and Environmental Regulation (DWER)’s Native Vegetation Regulation team on (08) 6364 7000. https://www.wa.gov.au/service/environment/environment-information-services/native-vegetation-clearing-permits

No native tree, scrub or other vegetation may be removed outside an approved Building Envelope, or within land designated as a ‘Tree Preservation Area’ or ‘Landscape Protection Area’ or identified as a ‘Retained Tree’ under an approved and current Local Development Plan without prior written approval from the City under the Planning and Development Act 2005.   Landowners seeking to remove native vegetation or trees within these areas must lodge an application and receive an Approval to Commence Development from the City prior to any clearing activity occurring. Applications for development lodged with the City where native trees or vegetation are impacted should provide the following in support of the application:

• An aerial site plan showing the location of trees/shrubs to be impacted by the development;
• A description of the trees and/or vegetation subject to the application (the number of trees or shrubs impacted and (where possible) the species within the proposal area; and
• At least two photographs of the affected trees or shrubs.
• For trees being removed for safety reasons, the application must include an Arborist report and assessment of the tree(s).

Clearing approval may also be required under the State Environmental Protection Act 1986 (EP Act) and Federal Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

Under the EP Act it is an offence to clear native vegetation unless the clearing is done in accordance with a clearing permit, or an exemption applies. Landowners must ensure that a clearing permit or clearing permit exemption is in place prior to undertaking clearing or pruning activities on their property.

Under the EPBC Act the clearing or modification of trees or vegetation may also require Federal approval if that clearing or vegetation modification may impact a ‘protected matter’ listed within that Act. For the residential areas subject to an LDP, these ‘protected matters’ include Tuart (Eucalyptus gomphocephala) trees and Eucalyptus and Marri (Corymbia calophylla) trees comprising nesting hollows or foraging habitat for white or red tailed Black Cockatoos (Carnaby’s Black Cockatoo, Baudin’s Black Cockatoo or Forest Red-Tailed Black Cockatoo).

Further information on the State and Federal approval requirements can be found here:

• Environmental Protection Act 1986 – Department of Water and Environmental Regulation (DWER)
• Environment Protection and Biodiversity Conservation Act 1999 – Department for Climate Change, Energy, the Environment and Water (DCCEEW)

Please note that the granting of an Approval to Commence Development from the City for clearing or development does not absolve the landowner from obtaining all other required approvals. Landowners are required to liaise with the relevant State government departments prior to undertaking any clearing or modification works on their property, to understand their legal obligations under the Environmental Protection Act 1986, Biodiversity Conservation Act 2016 and/or Environment Protection and Biodiversity Conservation Act 1999. A copy of any granted State or Federal approvals for vegetation modification or removal should be forwarded to the City’s Environmental Planning team to record with your property’s details.

The clearing or modification of native trees or vegetation within Homestead Ridge is primarily regulated under the Planning and Development Act 2005, Environmental Protection Act 1986 and Federal Environment and Biodiversity Conservation Act 1999.

Under the Planning and Development Act 2005 (PDA Act), no native tree, scrub or other vegetation may be removed outside the approved Building Envelope, or within land designated as a ‘Tree Preservation Area’ or ‘Landscape Protection Area’ under the City’s Local Planning Scheme, without prior written approval from the City.   Landowners seeking to remove native vegetation or trees within these areas must lodge an application and receive an Approval to Commence Development from the City prior to any clearing activity occurring.

Under the Environmental Protection Act 1986 (EP Act) it is an offence to clear native vegetation unless the clearing is done in accordance with a clearing permit, or an exemption applies. Landowners must ensure that a clearing permit or clearing permit exemption is in place prior to undertaking clearing or pruning activities on their property.

Under the Environment and Biodiversity Conservation Act 1999 (EPBC Act) the clearing or modification of trees or vegetation may also require Federal approval if that clearing or vegetation modification may impact a ‘protected matter’ listed within that Act. For the Homestead Ridge area, these ‘protected matters’ include Tuart (Eucalyptus gomphocephala) trees and Eucalyptus and Marri (Corymbia calophylla) trees comprising nesting hollows or foraging habitat for white or red tailed Black Cockatoos (Carnaby’s Black Cockatoo, Baudin’s Black Cockatoo or Forest Red-Tailed Black Cockatoo).

Further information on the State and Federal approval requirements can be found here:

• Environmental Protection Act 1986 – Department of Water and Environmental Regulation (DWER)
• Environment Protection and Biodiversity Conservation Act 1999 – Department for Climate Change, Energy, the Environment and Water (DCCEEW)

Please note that the granting of an Approval to Commence Development from the City for clearing or development does not absolve the landowner from obtaining all other required approvals. Landowners are required to liaise with the relevant State government departments prior to undertaking any clearing or modification works on their property, to understand their legal obligations under the Environmental Protection Act 1986, Biodiversity Conservation Act 2016 and/or Environment Protection and Biodiversity Conservation Act 1999. A copy of any granted State or Federal approvals for vegetation modification or removal should be forwarded to the City’s Environmental Planning team to record with your property’s details.

If you live in the Special Rural Zone or Rural – Water Resource Zone, the native trees, shrubs and vegetation on your property are protected under the:

• Planning and Development Act 2005;
• Environmental Protection Act 1986;
• Biodiversity Conservation Act 2016; and
• Environment Protection and Biodiversity Conservation Act 1999.

Planning and Development Act 2005 (PD Act)

Under the PD Act, no native tree, scrub or other vegetation may be removed for development, outside the approved Building Envelope, or within land designated as a ‘Tree Preservation Area’ or ‘Landscape Protection Area’ under the City’s Local Planning Scheme, without prior written approval from the City.

Landowners seeking to remove native vegetation and trees within these areas must lodge an application and receive an Approval to Commence Development from the City before any clearing activity occurs.

Please note that the granting of an Approval to Commence Development from the City for clearing or development does not absolve the landowner from obtaining all other required approvals.

Landowners are required to liaise with the relevant State Government departments before undertaking any clearing or modification works on their property to understand their legal obligations under the Environmental Protection Act 1986, Biodiversity Conservation Act 2016 and/or Environment Protection and Biodiversity Conservation Act 1999.

Environmental Protection Act 1986 (EP Act)

Under the EP Act, it is an offence to clear native vegetation unless the clearing is undertaken in accordance with a clearing permit or a valid exemption applies. Landowners must ensure that a clearing permit or clearing permit exemption is in place before undertaking clearing or pruning activities on their property.

Please note that most clearing permit exemptions do not apply to properties mapped as ‘Environmentally Sensitive Areas’. You can find out if your property is mapped as an ESA on the WA Government website.

Biodiversity Conservation Act 2016 (BC Act)

If your property comprises a listed Threatened Ecological Community (TEC) or a listed threatened flora or fauna species, you may also require approval to disturb or modify the vegetation, occurrence and/or habitat under the Biodiversity Conservation Act 2016 (Section 40 or Section 48).

The Department of Biodiversity, Conservation and Attractions (DBCA) manages the list of threatened species and threatened ecological communities. View the lists on the DBCA website.

For more information about the approvals required to disturb or modify a listed threatened flora or fauna species, their habitat or a Threatened Ecological Community, please contact DBCA. Further information is also available on the DBCA website.

Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

Under the EPBC Act, the clearing or modification of native trees or vegetation may also require Federal approval if the clearing or vegetation modification may impact a ‘protected matter’ listed under the Act.

For the City’s Special Rural and Rural zones, these ‘protected matters’ include areas and properties comprising the following Matters of National Environmental Significance (MNES):

• Tuart (Eucalyptus gomphocephala) woodland or forest, including individual trees;
• Banksia woodland of 0.5 ha (5,000 m²) or greater;
• foraging, roosting and nesting habitat for the City’s Black Cockatoo populations, including Carnaby’s Black Cockatoo, Forest Red-tailed Black Cockatoo and Baudin’s Black Cockatoo;
• Tumulus Mound Springs Threatened Ecological Community;
• RAMSAR wetlands;
• Honeymyrtle (Melaleuca huegelii, Melaleuca systena and/or Banksia sessilis (parrot bush)) shrublands where these occur on limestone ridges; or
• other listed endangered vegetation communities, threatened flora or fauna, or migratory species listed under the EPBC Act.

Under the EPBC Act, any action that may have a significant impact on a MNES must be referred to the Federal environmental agency for assessment. The agency responsible for regulating the EPBC Act is the Department of Climate Change, Energy, the Environment and Water (DCCEEW).

Listings of protected species and vegetation communities under the EPBC Act are available below:

1. Endangered Communities
2. Threatened Fauna
3. Threatened Flora
4. Migratory Species

A copy of any granted State or Federal approvals for vegetation modification or removal should be forwarded to the City’s Environmental Planning team to be recorded with your property details.

A note on firebreaks

Clearing for the purpose of a 3 m wide by 4 m high firebreak is a requirement of the City’s Fire Hazard Compliance Notice and does not require written approval from the City.

However, any clearing beyond the requirements of the notice will require written approvals and/or State-issued permits.

The native trees, shrubs and vegetation on Rural A and Rural B properties are protected under the:

• Planning and Development Act 2005;
• Environmental Protection Act 1986;
• Biodiversity Conservation Act 2016; and
• Environment Protection and Biodiversity Conservation Act 1999.

Planning and Development Act 2005 (PD Act)

Under the PD Act, no native tree, scrub or other vegetation may be removed for development, outside an approved Building Envelope, or within land designated as a ‘Tree Preservation Area’ or ‘Landscape Protection Area’ under the City’s Local Planning Scheme, without prior written approval from the City.

Landowners seeking to remove native vegetation and trees within these areas must lodge an application and receive an Approval to Commence Development from the City before any clearing activity occurs.

Please note that the granting of an Approval to Commence Development from the City for clearing or development does not absolve the landowner from obtaining all other required approvals.

Landowners are required to liaise with the relevant State Government departments before undertaking any clearing or modification works on their property to understand their legal obligations under the Environmental Protection Act 1986, Biodiversity Conservation Act 2016 and/or Environment Protection and Biodiversity Conservation Act 1999.

Environmental Protection Act 1986 (EP Act)

Under the EP Act, it is an offence to clear native vegetation unless the clearing is undertaken in accordance with a clearing permit or a valid exemption applies. Landowners must ensure that a clearing permit or clearing permit exemption is in place before undertaking clearing or pruning activities on their property.

Please note that most clearing permit exemptions do not apply to properties mapped as ‘Environmentally Sensitive Areas’. You can find out if your property is mapped as an ESA on the WA Government website.

Biodiversity Conservation Act 2016 (BC Act)

If your property comprises a listed Threatened Ecological Community (TEC) or a listed threatened flora or fauna species, you may also require approval to disturb or modify the vegetation, occurrence and/or habitat under the Biodiversity Conservation Act 2016 (Section 40 or Section 48).

The Department of Biodiversity, Conservation and Attractions (DBCA) manages the list of threatened species and threatened ecological communities. View the lists on the DBCA website.

For more information about the approvals required to disturb or modify a listed threatened flora or fauna species, their habitat or a Threatened Ecological Community, please contact DBCA. Further information about protections and approvals is available on the DBCA website.

Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

Under the EPBC Act, the clearing or modification of native trees or vegetation may also require Federal approval if the clearing or vegetation modification may impact a ‘protected matter’ listed under the Act.

For the City’s Special Rural and Rural zones, these ‘protected matters’ include areas and properties comprising the following Matters of National Environmental Significance (MNES):

• Tuart (Eucalyptus gomphocephala) woodland or forest, including individual trees;
• Banksia woodland of 0.5 ha (5,000 m²) or greater;
• foraging and nesting habitat for the City’s Black Cockatoo populations, including Carnaby’s Black Cockatoo, Forest Red-tailed Black Cockatoo and Baudin’s Black Cockatoo;
• Tumulus Mound Springs Threatened Ecological Community;
• RAMSAR wetlands;
• Honeymyrtle (Melaleuca huegelii, Melaleuca systena and/or Banksia sessilis (parrot bush)) shrublands where these occur on limestone ridges; or
• other listed endangered vegetation communities, threatened flora or fauna, or migratory species listed under the EPBC Act.

Under the EPBC Act, any action that may have a significant impact on a MNES must be referred to the Federal environmental agency for assessment. The agency responsible for regulating the EPBC Act is the Department of Climate Change, Energy, the Environment and Water (DCCEEW).

Listings of protected species and vegetation communities under the EPBC Act are available below:

1. Endangered Communities
2. Threatened Fauna
3. Threatened Flora
4. Migratory Species

A copy of any granted State or Federal approvals for vegetation modification or removal should be forwarded to the City’s Environmental Planning team to be recorded with your property details.

A note on firebreaks

Clearing for the purpose of a 3 m wide by 4 m high firebreak is a requirement of the City’s Fire Hazard Compliance Notice and does not require written approval.

However, any clearing beyond the requirements of the notice will require written approvals and/or State-issued permits.

Where additional State or Federal environmental approvals apply, landowners are required to consult with the relevant State and Federal agencies to understand their legal obligations under the relevant State and Federal legislation.

These agencies are:

• Environmental Protection Act 1986 – Department of Water and Environmental Regulation (DWER)
• Biodiversity Conservation Act 2016 – Department of Biodiversity, Conservation and Attractions (DBCA)
• Environment Protection and Biodiversity Conservation Act 1999 – Department for Climate Change, Energy, the Environment and Water (DCCEEW)

A copy of any granted State or Federal approvals for vegetation modification or removal should be forwarded to the City’s Environmental Planning team to record with your property’s details.