Have you ever looked at the towering tree in your backyard and wondered if you’re even allowed to touch it?
Across Western Australia, new protection rules are changing the way homeowners and businesses manage trees, with a particular focus on those standing over 8 metres tall. These laws are designed to balance safety, property rights, and environmental protection, but for many people, the details are confusing. Does height alone make a tree “significant”? Do you need council approval to prune or remove it? And what happens if you get it wrong?
For homeowners, the rules could mean permits and penalties you’ve never had to think about before. For businesses, they add extra steps in quoting, planning, and compliance. Understanding these new thresholds is essential, not just to avoid fines, but to make informed decisions that protect both your property and WA’s valuable urban canopy.
Why 8 Metres? The Rationale Behind Height Thresholds
Protecting Mature Trees
The 8-metre rule is not arbitrary. It was introduced because trees that reach this size are usually mature specimens with greater environmental and community value. Larger trees provide more shade, store more carbon, and support wider biodiversity than smaller vegetation. By setting a clear threshold, councils can identify and protect the trees that contribute most to urban greenery.
Addressing Urban Heat and Climate Change
Western Australia faces rising summer temperatures, and local councils are under pressure to find ways to reduce the urban heat island effect. Tall trees with broad canopies are one of the most effective tools for cooling suburbs. An 8-metre tree can shade streets, reduce reliance on air-conditioning, and make neighbourhoods more livable. Protecting these trees is part of a long-term climate resilience strategy.
Maintaining Neighbourhood Character
Tall, established trees are often landmarks in their own right. They shape the character of streetscapes, provide aesthetic value, and even increase property prices in leafy suburbs. The 8-metre threshold helps councils ensure that valuable neighbourhood features are not lost through unchecked removals or excessive pruning.
Balancing Safety and Conservation
Not every tall tree is safe. Branches can fall, roots can damage infrastructure, and storm-damaged trees can pose hazards. The threshold does not prevent removal altogether, but it ensures that decisions are assessed carefully. By requiring permits or professional input, councils can balance the need for safety with the importance of preservation.
Aligning with Broader Policy
The 8-metre rule aligns with the broader move across WA towards consistent tree retention policies. It mirrors approaches used in other states and ensures local governments have a measurable standard for determining when extra protection applies. By setting height and canopy size benchmarks, the system reduces ambiguity and provides a clearer process for both homeowners and businesses.
In short, the 8-metre threshold is about protecting the trees that matter most while still allowing necessary removals where genuine risks exist.
State vs Local Rules: Who Governs What
State-Level Authority: Clearing Native Vegetation
In Western Australia, the Environmental Protection Act 1986 (EP Act) and the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 regulate the clearing of native vegetation. Under these laws, it is generally an offence to clear native vegetation unless you hold a valid clearing permit or an exemption applies. Some exemptions exist (such as for routine low-impact land management), but these do not apply in declared Environmentally Sensitive Areas (ESAs).
DWER (the Department of Water and Environmental Regulation) administers clearing permits, processes referrals, and assesses applications based on statutory criteria. The procedure includes stages such as pre-application, validation, assessment, decision, and permit management. Also, when clearing may affect matters of national environmental significance, the application may require assessment under Commonwealth rules (via a bilateral agreement) in addition to State evaluation.
Local Government Authority: Planning Schemes & Tree Retention Policies
Local governments exercise control via planning schemes, local planning policies, and tree retention or development control provisions. Many councils now adopt “regulated / significant tree” definitions that include height, canopy diameter, trunk measurements, or species status. For instance, Fremantle’s draft Tree Retention Policy defines a regulated tree as one that meets one or more of: height ≥ 8 m, canopy diameter ≥ 6 m, trunk circumference ≥ 1.5 m (1.4 m above ground), and not a weed species.
Local policies often require that a development application (or tree-damage permit) be submitted for any works affecting a regulated tree—even if other development works are exempt under the local planning scheme. In the Town of Bassendean’s LPP 13, “tree damaging activity” is treated as “development” under the Planning and Development (Local Planning Scheme) Regulations, so approval may be required in many cases.
How They Interact & Hierarchy
- State rules prevail when clearing involves native vegetation and when removal is regulated under the EP Act. Even if a local policy seems permissive, state laws may still impose stricter limits.
- Local rules layer additional obligations especially for taller trees or aesthetic/amenity values on private land. A tree might not require state approval but still need local council permission under tree retention policies.
- Many councils are aligning with WALGA’s Model Local Planning Policy – Tree Retention, which offers standard definitions and approaches to “regulated trees” and tree protection across different LGAs.
How the Rules Apply to Homeowners
Checking Before You Act
For homeowners, the most important step is to check with your local council before pruning or removing any tree over 8 metres tall. In several WA councils, trees over 8 metres are defined as regulated or significant, which usually means approval is required for removal or major pruning. Since rules vary between LGAs, homeowners should always confirm the requirements with their local council. Even if the tree is on private property, it may fall under protection rules.
Permit Requirements
If your tree meets the regulated thresholds, you will likely need to apply for a permit or development approval. Councils often request an arborist’s report to justify the removal or heavy pruning, particularly if the tree appears healthy. Approval is usually granted only where there is a proven risk to safety, property damage, or serious disease affecting the tree.
Emergency Removals
There are exemptions for dangerous or storm-damaged trees that pose an immediate risk to life or property. In these cases, urgent action is permitted, but homeowners are advised to document the condition with photos and, where possible, seek confirmation from an arborist. This ensures you can demonstrate compliance if questioned later.
Penalties for Non-Compliance
Removing a tall tree without approval can result in substantial fines. Councils may also require replacement planting or take enforcement action for serious breaches. These penalties are in addition to any liability if damage occurs after unapproved work.
Insurance Implications
Insurance providers expect property owners to maintain trees responsibly and comply with local regulations. Failure to follow the correct process may complicate claims after storm damage or accidents. Staying compliant not only avoids penalties but also protects your coverage.
How the Rules Impact Businesses & Tree Contractors
Compliance Requirements
For tree service businesses, the new rules mean compliance must be front of mind in every project. Contractors are expected to check whether a tree meets the regulated thresholds set by local councils, such as height or canopy size, before quoting or beginning work. Where state law applies, they must also confirm whether a clearing permit is required under the Environmental Protection Act.
Permits and Documentation
In practice, businesses often assist homeowners in navigating permit applications. This may involve preparing arborist reports, submitting development applications, or advising on exemptions. Having clear documentation not only speeds up approvals but also protects the business if work is later questioned by regulators or the community.
Work Health and Safety
The Work Health and Safety Act 2020 (WA) places strict obligations on contractors undertaking high-risk work such as tree climbing, chainsaw use, and working near powerlines. Employers must ensure workers are trained, properly equipped, and follow Safe Work Method Statements. Ignoring these requirements can result in significant penalties and liability in the event of an accident.
Operational and Financial Impact
Permit processing and compliance steps can add time and cost to projects. Businesses that fail to account for this in their pricing risk losing money or breaching contracts. On the other hand, companies that build compliance into their workflow can use it as a competitive advantage, reassuring clients that work will be done legally and safely.
Reputational Risks
Carrying out unauthorised work on a protected tree can damage a company’s reputation quickly. Councils and community groups are increasingly proactive in reporting breaches. Maintaining a strong compliance record demonstrates professionalism and builds trust with both private clients and local authorities.
Exemptions, Grey Areas & Disputes
Emergency Removals
One of the clearest exemptions applies when a tree poses an immediate risk to life, property, or essential services. For example, storm-damaged trees or branches threatening powerlines may be removed without prior council approval. However, the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 emphasise that exemptions only apply if action is genuinely necessary. Homeowners and businesses are strongly advised to document the hazard with photographs and, where possible, obtain an arborist’s statement to demonstrate compliance.
Native vs. Introduced Species
A major grey area is the difference between native and introduced species. The Environmental Protection Act 1986 strictly regulates clearing of native vegetation, often requiring a clearing permit from the Department of Water and Environmental Regulation (DWER). By contrast, many introduced garden species may not require state-level approval. The complication is that councils may still regulate introduced trees under local planning policies, especially if they meet the 8-metre threshold. This creates overlap where a tree may be unregulated at state level but still protected locally.
Council Differences
There is no single definition of what constitutes a “significant” or “regulated” tree across WA. For instance, Fremantle’s draft Tree Retention Policy sets the benchmark at 8 m height or 6 m canopy, while the Town of Bassendean’s LPP 13 defines “tree-damaging activity” broadly to include pruning, root disturbance, and removal. These differences mean that property owners in neighbouring suburbs can face very different requirements.
Pruning Limits
Another area of uncertainty is pruning. The Australian Standard AS 4373 – Pruning of Amenity Trees provides industry guidance, but councils vary in how much pruning can be done without approval. Some set a percentage limit of canopy removal, while others consider any structural change as regulated activity. Without clear consistency, disputes often arise between homeowners, councils, and contractors over what counts as “maintenance” versus “damage.”
Disputes and Appeals
Where disagreements occur, homeowners or businesses can appeal council decisions through the State Administrative Tribunal (SAT). A 2025 ruling highlighted by ABC News shows how these cases can set precedents, but outcomes are not guaranteed. Legal appeals are costly and time-consuming, so prevention—by checking rules before acting—is always better than relying on dispute resolution later.
Practical Steps to Stay Compliant
Step 1: Check Local Council Rules
Since regulations vary widely, the first step is to review your council’s planning policies or tree retention guidelines. Many councils now publish online information, such as Fremantle’s draft Tree Retention Policy or Bassendean’s LPP 13, which explain thresholds and application processes.
Step 2: Identify Species and Size
Determine whether your tree is native or introduced and whether it meets regulated thresholds such as height or canopy spread. If in doubt, consult a qualified arborist. This is important because the Environmental Protection Act 1986 requires permits for most clearing of native vegetation, while introduced species may only be controlled at the local level.
Step 3: Apply for Permits if Required
If your tree qualifies as regulated, apply for the necessary permits before starting work. Depending on the situation, this may be a council development approval or a clearing permit through DWER. Supporting documents, such as arborist reports, photographs, and risk assessments, help speed up approval.
Step 4: Keep Records
Always keep copies of permits, approvals, and correspondence. For homeowners, this protects against fines or disputes. For businesses, thorough documentation demonstrates compliance and reduces legal risk if challenged.
Step 5: Prioritise Safety and Standards
Ensure that work is carried out safely and in accordance with AS 4373 – Pruning of Amenity Trees. Businesses must also comply with the Work Health and Safety Act 2020 (WA), especially when using chainsaws, climbing, or working near powerlines.
By following these steps, both homeowners and businesses can manage their trees responsibly while staying within the law.
Frequently Asked Questions
- Is every tree over 8 metres automatically protected in WA?
Not always. Some councils set the 8-metre threshold, but others use different criteria or have no height rule at all. Always check with your local council.
- Do I need approval to prune a tall tree if it’s on my property?
Routine maintenance like removing deadwood is usually allowed, but heavy pruning that alters the tree’s structure may require approval if it’s classified as regulated.
- What if my 8-metre tree is diseased or dangerous?
Dangerous or storm-damaged trees can often be removed under emergency exemptions. Keep photos and, if possible, an arborist’s report to support your decision.
- Who decides if a tree is “significant” or “regulated”?
Local councils define this through planning policies or registers. State rules apply mainly to native vegetation clearing, but councils can regulate both native and introduced species.
- Can I be fined for removing a tall tree without permission?
Yes. Penalties include fines, enforcement orders, or replanting requirements. Councils can take action even if the tree was on private property.
Standing Tall: Finding the Balance
Have you considered what the new 8-metre protection rules mean for you? For homeowners, it may be the difference between a simple weekend pruning job and a permit application with council oversight. For businesses, it means every quote and contract must factor in compliance, documentation, and safety obligations.
At first glance, these rules might feel restrictive, but they reflect a broader goal: protecting the mature trees that give Western Australian suburbs their shade, character, and biodiversity. By setting clear thresholds, councils and the State are ensuring that valuable trees are preserved while still allowing removals when safety or property is at risk.
The best way forward is simple. Before you act, check your local council’s rules, seek advice from a qualified arborist, and keep proper records. By doing so, you can protect your property, avoid costly penalties, and contribute to a greener and safer community across WA.