Have you ever wondered whether you can remove or trim a tree on your property without facing fines or council pushback?
In Western Australia, new tree laws are reshaping the way homeowners and businesses manage their trees, and the rules are stricter than many people realise. These changes were introduced to balance safety, property rights, and environmental protection, ensuring that significant trees and native vegetation are preserved while still allowing for necessary removals in genuine cases of risk or damage. For homeowners, this means you may need council approval before carrying out even routine pruning. For businesses, it means complying with permits, safety regulations, and strict environmental guidelines before starting any project. Understanding these new requirements isn’t just about avoiding penalties, it’s about making informed decisions that protect your property, community, and the environment.
Background: Why New Tree Laws Were Introduced
Environmental Protection and Biodiversity
Western Australia is home to unique native vegetation, much of which is under threat from urban development. The new tree laws were designed to slow the loss of biodiversity by protecting significant trees and reducing unnecessary clearing. By preserving mature trees, local councils aim to maintain habitats for wildlife, improve air quality, and reduce the heat island effect in built-up areas.
Safety Concerns
Tree-related accidents are more common than many homeowners realise. Falling branches, unstable roots, and storm-damaged trees can cause serious harm to people and property. Legislators recognised the need for clearer regulations to balance the risks of dangerous trees against the benefits of preservation. The updated laws set out when emergency removal is allowed and when professional assessment is required.
Urban Planning and Council Involvement
As WA’s cities and suburbs grow, councils are under pressure to manage green spaces responsibly. Large, established trees contribute to the character of neighbourhoods, improve property values, and provide essential shade in hot climates. The new laws strengthen council oversight, giving local authorities more power to regulate tree removal and enforce penalties for unauthorised work.
Community Pressure
Residents have become increasingly vocal about protecting their local environment. Community groups and environmental advocates have pushed for stronger protections against indiscriminate tree felling, particularly for heritage or landmark trees. These community-driven demands played a major role in shaping the latest regulations, ensuring that the benefits of urban greenery are preserved for future generations.
Overview of WA’s New Tree Laws
Key changes at a glance
WA has shifted toward a permit-first approach for major pruning, removal of “significant” trees, and any clearing of native vegetation, with extra limits inside Environmentally Sensitive Areas shown on the state map viewer. DWER is the primary regulator for native vegetation clearing under the EP Act.
Source: Western Australian Government
State legislation
Clearing native vegetation is regulated by Part V Division 2 of the Environmental Protection Act 1986 and the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. A permit is required unless an exemption applies, and ESAs limit many exemptions. Threatened species and ecological communities are listed under the Biodiversity Conservation Act 2016.
Source: Legislation WA, Biodiversity, Conservation and Attractions
Local councils and powerlines
Local governments are strengthening tree protection through by-laws and significant-tree registers. For example, the Town of Bassendean requires approval for “tree-damaging activities” on regulated trees. Vegetation near overhead powerlines must also meet WA clearance rules and Western Power guidance.
Source: News.com.au, WA Government,
Industry standards that now matter
Work is increasingly expected to comply with AS 4373 Pruning of Amenity Trees for correct pruning practices, and AS 4970 Protection of Trees on Development Sites, which was updated in 2025 and is being applied across WA development projects.
Permit types, process, and enforcement
Two permit types exist: area permits and purpose permits. DWER assesses most activities, while mining and petroleum clearing is handled by the resources department. Applications can be referred, opened for comment, and appealed, and unlawful clearing is an offence.
What These Laws Mean for Homeowners
When You Can and Can’t Remove Trees
Under WA’s new framework, property owners no longer have unlimited discretion over trees on their land. In many council areas, you now require approval to prune more than a set percentage of a canopy or to remove a tree above a defined trunk diameter. If the tree is listed as “significant” or falls within an Environmentally Sensitive Area, removal without a permit is an offence.
Council Permits and Approvals
Homeowners are expected to apply for permits before carrying out major tree work. Councils may require an arborist’s report to justify removal, particularly if the tree is healthy. The permit process ensures that removals are only approved where there are valid safety, property damage, or health reasons.
Penalties and Fines
Unauthorised tree removal or excessive pruning can attract significant penalties. Councils can issue fines, require remediation (such as replanting), or pursue legal action for serious breaches. State agencies may also intervene if native vegetation is affected.
Common Scenarios
- Overhanging branches: Trimming may be permitted, but excessive cutting can require council approval.
- Dangerous or storm-damaged trees: Emergency removals are generally exempt, but homeowners should document the situation with photos and seek arborist advice.
- Root damage: If roots affect plumbing or foundations, a permit may still be needed before removal.
Insurance Implications
Insurers often expect homeowners to maintain trees safely. Failing to comply with council regulations can complicate claims if damage occurs. By following the correct process, you not only avoid fines but also protect your insurance coverage.
What These Laws Mean for Businesses
Compliance Requirements for Contractors
Tree service companies must now operate with stronger compliance in mind. Before starting any removal, lopping, or major pruning, contractors are expected to confirm whether the tree is protected by state law or local council by-laws. Businesses may need to assist clients with permit applications and provide arborist reports to justify work.
Licensing and Permits
While general tree services don’t require a special trade licence in WA, operating legally means holding an ABN, public liability insurance, and workers’ compensation where staff are involved. For native vegetation clearing, contractors must work under valid state permits or exemptions issued by the Department of Water and Environmental Regulation (DWER). Councils may also require businesses to be on an approved contractor list before working on public land.
Work Health & Safety Obligations
The Work Health and Safety Act 2020 (WA) applies to all arborist and tree-lopping work. Businesses are required to carry out risk assessments, prepare Safe Work Method Statements (SWMS) for high-risk activities, and ensure staff use proper protective equipment. Work near powerlines must follow Western Power’s vegetation clearance guidelines, and failure to comply can lead to prosecution.
Impact on Operations
The new laws influence how businesses price and schedule jobs. Permit processing can add time, while fines for unlawful work are a serious risk if checks are skipped. Businesses that invest in training, compliance systems, and transparent communication with clients can turn this into a competitive edge, positioning themselves as trusted experts.
Legal and Reputational Risks
Carrying out unauthorised work may not only trigger penalties but also damage a business’s reputation. In a market where councils and communities are increasingly protective of trees, compliance has become central to maintaining credibility and securing long-term contracts.
Key Exemptions & Grey Areas
Emergency Removals
One of the most important exemptions applies to trees that pose an immediate risk to life or property. If a tree has been damaged in a storm, shows clear signs of collapse, or is obstructing emergency access, it may be removed without prior council approval. However, homeowners and businesses are advised to document the hazard with photographs and, where possible, obtain an arborist’s confirmation to avoid disputes later.
Native Vegetation vs. Introduced Species
WA law distinguishes between native and introduced species. While the removal of native vegetation is tightly regulated under the Environmental Protection Act, many introduced or common garden trees may not require a permit. The challenge is that homeowners often struggle to identify which species are protected. Councils usually provide a list of exempt trees, but where uncertainty exists, it is safer to seek advice before acting.
Differences Between Councils
Each local government sets its own thresholds for what constitutes a “significant tree.” For example, one council may require a permit for any tree over a certain trunk diameter, while another may only regulate specific species. This inconsistency creates confusion for property owners and contractors working across multiple suburbs. Businesses in particular must stay updated on the varying rules to ensure compliance in every job location.
Ambiguity in Pruning Limits
Pruning is another area where grey zones appear. Minor maintenance, such as trimming dead branches, may be allowed without approval. But if pruning changes the overall structure of a tree or removes more than a set percentage of the canopy, it may be classed as damaging activity and require a permit. The lack of a clear, universal standard often leads to disputes between homeowners and councils.
How to Stay Compliant
For Homeowners
The safest first step is to check with your local council before carrying out any major tree work. Most councils publish guidelines or maintain a register of protected and significant trees. If a permit is required, gather supporting documents such as photos or an arborist’s report. In urgent cases—like storm damage—document the situation thoroughly to demonstrate that immediate action was necessary.
For Businesses
Tree service providers should establish clear internal processes to ensure compliance. This includes verifying species and size thresholds, confirming whether permits are in place, and providing clients with written quotes that outline any regulatory requirements. Having staff trained in the latest standards (such as AS 4373 for pruning) helps reduce risk and demonstrates professionalism.
Documentation and Insurance
Keeping records of all assessments, applications, and approvals is essential. For homeowners, this protects against disputes or penalties. For businesses, it provides a legal safeguard if work is questioned later. Public liability insurance should be up to date and reflect the nature of tree work, as insurers may deny claims if unapproved removals occur.
Resources and Support
Useful resources include the Department of Water and Environmental Regulation for clearing permits, WorkSafe WA for safety obligations, and council websites for local rules. When in doubt, consult a qualified arborist who understands both the technical and regulatory aspects of tree management.
By taking a proactive approach, both homeowners and businesses can manage trees confidently while staying within the law.
The Bigger Picture: Benefits of the New Tree Laws
Environmental Sustainability
The new regulations are not just about rules and permits—they serve a larger purpose. Mature trees absorb carbon, filter air pollutants, and reduce heat in urban environments. By slowing unnecessary removals, the laws support WA’s long-term climate goals and help safeguard ecosystems under pressure from development.
Safer Neighbourhoods
Clearer guidelines on when trees can be pruned or removed reduce the risk of accidents. Homeowners and businesses alike now have a framework for handling dangerous or storm-damaged trees without delay, while still protecting trees that don’t pose a hazard. This balance improves community safety while preserving greenery.
Urban Planning and Liveability
Trees are integral to WA’s suburbs and cities, shaping streetscapes and raising property values. The new laws give councils more oversight to plan for greener neighbourhoods that stay cool, attractive, and resilient. Residents benefit from shaded streets, cooler homes, and stronger connections to their local environment.
Long-Term Value
For both homeowners and businesses, compliance brings more than just peace of mind. A healthy, well-managed tree canopy enhances property appeal and community reputation. For contractors, positioning as a law-abiding, environmentally responsible operator builds trust and creates opportunities with councils, developers, and homeowners who value sustainable practices.
In short, the benefits extend far beyond avoiding fines—the new tree laws create healthier communities, stronger businesses, and a greener WA for generations to come.
Striking the Right Balance: Trees, Safety, and Responsibility
Have you considered what the new tree laws mean for your property or business? For many Western Australians, these regulations feel like an extra layer of red tape—but in reality, they provide clarity, safety, and long-term value. By understanding when permits are required, recognising the importance of significant trees, and following proper processes, homeowners can avoid costly fines while protecting their properties.
For businesses, compliance is more than a legal obligation—it’s an opportunity to stand out as a trusted professional. Clear communication with clients, proper documentation, and adherence to safety and environmental standards all contribute to a stronger reputation in a competitive industry.
At the heart of these laws is a simple principle: balance. WA is safeguarding its natural heritage while allowing essential removals where safety or property is at risk. By working with councils, arborists, and contractors, you can make confident, informed decisions that benefit both your property and your community.