Published on Monday, 21 July 2025 at 3:29:41 PM
The Shire of Waroona is urging landholders, residents, contractors and the wider community to seek advice from the Shire before undertaking any clearing or land development activities, following a recent Magistrates Court decision which imposed penalties and costs totalling $75,500 in relation to unlawful land clearing.
The Court found the offender guilty on all four charges, determining that the clearing and associated works constituted development that required formal approval under planning legislation. The Court found that the works were not exempt, extended beyond standard fire mitigation practices, and included interference with vegetation on a Shire-managed road reserve. The offender had also failed to comply with a formal direction issued by the Shire. The Court accepted the Shire’s submission that penalties needed to serve as a deterrent, reinforcing that landowners must seek and obtain appropriate approvals before clearing or undertaking works that alter land conditions.
The Shire recognises that many landowners are motivated by genuine concerns, such as their ability to conduct their business and bushfire safety, but emphasizes that even well-intentioned works can have unintended environmental and legal consequences if not carried out within the law.
The Shire encourages all community members to:
- Contact the Shire before starting any significant clearing or works;
- Seek clarification on whether development approval is required; and
- Work collaboratively with the Shire to find lawful and practical solutions.
For advice or information please contact the Shire’s Development Services team on (08) 9733 7800 during normal office hours.
CR MIKE WALMSLEY
SHIRE PRESIDENT
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