The Town of Bassendean has secured its first successful prosecution for the unauthorised removal of protected trees from private land, marking a major enforcement milestone for the council's tree retention policy.
Landmark Prosecution and Substantial Penalty
In a case heard in the Magistrates Court, a local landowner was found to have proceeded with the removal of a regulated tree despite being fully aware that council approval was required. The court imposed a significant penalty of $17,000 and ordered the owner to cover the town's legal costs.
This prosecution, finalised in early December 2025, comes just over a year after the adoption of Bassendean's Tree Retention and Provision Policy. The council was alerted to the illegal activity by a vigilant member of the public.
A Clear Message on Tree Protection
Bassendean Mayor Kath Hamilton stated that the case involved a property where a subdivision application had been approved, with a specific condition to retain the tree in question. The subsequent removal was a direct breach of that condition.
"It sends a clear message that regulated trees must not be removed without approval," Mayor Hamilton emphasised. "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."
She described prosecution as a "last resort", acknowledging that developing around established trees can be challenging. The council aims to raise awareness so trees are considered early in planning, avoiding unexpected costs or delays later.
The Push for 30% Canopy Cover by 2040
The policy underpinning this case is designed to safeguard "regulated trees" on private property, defined as those over 8 metres tall, with a canopy wider than 6 metres, or a trunk circumference exceeding 1.5 metres, provided they are not weed species.
This legal action supports the town's ambitious goal of achieving 30 per cent canopy cover by 2040. While the council actively plants trees in parks and streets with bush care groups, it stresses that community compliance on private land is essential for success.
The issue resonates beyond Bassendean. Sarah Allchurch, Chairperson of WA Tree Canopy Advocates, recently noted on ABC Radio that around 80 per cent of tree loss occurs on private land, underscoring the need for widespread and effective protection policies.
