Shire Wins Another Illegal Land Clearing Case

Understand local planning regulations before undertaking any land clearing, including firebreaks.

The Shire of Augusta Margaret River are urging all landowners to take the time to understand their responsibilities and local planning regulations before undertaking any land clearing, including firebreaks.

The reminder comes after the successful prosecution of landowners for the unauthorised clearing of two hectares of native vegetation from a property on Caves Road late last month. Earlier this year, the Shire also successfully prosecuted Scott River landowners for illegally clearing 16 hectares of land — equivalent to nine Optus Stadiums.

In the most recent case, the Magistrate ruled in favour of the Shire, finding that the landowners did not have the necessary approvals. A fine of $14,000 was imposed, with the Magistrate describing the extent of the clearing as “substantial,” though the landowners’ previous good character and advanced age were considered in determining the penalty

Shire President, Julia Meldrum said her message for the community after the latest win was the same:  The Shire is committed to protecting the region’s environment and landowners must follow the rules. 

“Our planning approval process is one of the ways we protect our environment, the character of our towns and the things that make our Shire a great place to live,” said President Meldrum.

“This means it’s not acceptable to start clearing your property, or start any site works, without the correct approvals.” 

Ms. Meldrum noted that while the defendants in both cases claimed their clearing was for fire prevention, the extent of the clearing went far beyond what was required or permitted. 

“Our community understand the devastating impact of bush fires and mitigating the risk of bush fire is something we all take very seriously,” said the Shire President. “But clearing a property under the guise of fire prevention to facilitate future development is unacceptable and we’ll take action against those who violate these rules.”

Ms. Meldrum explained while the Shire’s Local Planning Scheme includes exemptions for firebreaks, it was important for landowners to understand that firebreak requirements vary depending on the size and zoning of the property, and noted in the case of the Caves Road property, there was no requirement for a firebreak on the adjoining lot boundaries and no dwelling that required an APZ.

“Summer is here, and every property owner has a responsibility to prepare their land to keep our community and firefighters safe,” she said. “Firebreaks should be installed in accordance with the Shire Fire Break Notice and if a firebreak is needed, it should be 3 meters wide so fire vehicles can safely access your property and maintained from the 30 November until 12 May 2025.”

Shire Rangers commenced firebreak inspections on 1 December 2024. View the Shire's 2024-25 Fire Break Notice is here.