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A member asked almost 9 years ago

What happens if I cleared trees on my property that were protected?

I bought a 3-acre block of land and I cleared it. It is not in a residential area, but remote bush, I'm using it for holiday house because it is on a river. I found out though that the bush there is a protected type of gum tree. Does this make my actions illegal? Can I be fined?

Crime Environmental crimes VIC AU
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Law Advisor Research Team
Law Advisor Research Team
Researchers at LawAdvisor
Hi there. Under Victoria’s environmental laws, ‘protected flora controls’ exist to protect particular types of trees or plants that are threatened or endangered. It sounds like the gum tree you are referring to may have been one of these protected types of trees.
If the gum tree was subject to protection, the law says it is an offence to remove that tree without a permit or other government authorisation. The maximum penalty for this offence is approximately $7,500.
However, a person will not be guilty of an offence if the trees were on private land and the trees were removed by the owner of that land. From the information you have provided, it sounds like the gum trees were on your own private land and you were the person who cleared them. In these circumstances, you would not be subject to a fine.

Suggested way forward

Environmental laws can be complex, and are highly dependent on the area in which you live. If you are wanting more detailed advice about your potential liability for removing the gum trees, you should consider speaking to a lawyer. You may also want to seek legal advice about any future clearing or tree removal you wish to carry out at the property, and any permits that may be required.

By pressing the “Take Action” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

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