Court fines landowner for removing trees from Bassendean property despite being aware of needing permission

The Town of Bassendean has prosecuted its first case of unauthorised removal of trees on private property a year after the council adopted its tree retention and provision policy.

In what has been described as a “significant milestone” for the policy, the Magistrates Court found the accused was aware approval was required but proceeded with the work regardless.

A $17,000 penalty was imposed and the owner ordered to pay the town’s legal costs.

Bassendean mayor Kath Hamilton said the town was recently made aware by a member of the public that a regulated tree was being removed from a property without approval, despite the landowner being aware of their obligations under the policy.

“A subdivision application was approved by the town with the tree identified as needing to be retained. The town then sought prosecution through the Magistrates Court, with a $17,000 penalty imposed on the landowner,” she said.

“It sends a clear message that regulated trees must not be removed without approval.

“It’s not just about planting new trees — it’s about protecting the mature ones we already have. It takes years for new trees to grow tall enough to provide the same benefits. Every tree counts.

“The town is actively planting trees in parks, streets, and natural areas with support from local bush care groups, but to reach its goal of 30 per cent canopy cover by 2040, community involvement is essential.”

Cr Hamilton said prosecution was a “last resort” and the town understood developing around trees could be “challenging”.

“That’s why raising awareness of the tree retention policy is so important — it helps ensure that regulated trees are considered early in the planning process, reducing the risk of unexpected costs or delays later on,” she said.

The tree policy aims to ensure trees are considered at every stage of development and protect “regulated trees” on private property from removal and significant damage.

A regulated tree is over 8m tall, has canopy wider than 6m, has a trunk circumference of 1.5m or more and is not a weed species.

WA Tree Canopy Advocates chairperson Sarah Allchurch said on ABC Radio 80 per cent of tree loss was happening on private land and tree protection policies needed to be across the board.

For more information on the tree retention policy, visit the town’s website.