Native Vegetation and Fence Line Clearing

The Shire of Kojonup sits within one of the world's most biodiverse regions — the South West Ecoregion of Western Australia — and our native vegetation is a precious and irreplaceable part of that landscape. Whether you are a farmer, rural landholder or residential property owner, it is important to understand your obligations before clearing any native vegetation on your property or along your fence line.

The Law

All clearing of native vegetation is prohibited unless a clearing permit is granted by the Department of Water and Environmental Regulation (DWER), or the clearing is for an exempt purpose as defined under the Environmental Protection Act 1986 and the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. 

Clearing native vegetation without a permit or valid exemption is an offence. All exemptions apply to the owner of the land — if you are not the owner, prior authority is required before any works can commence.

All clearing of native vegetation is prohibited unless a clearing permit is granted by the Department of Water and Environmental Regulation (DWER) or the clearing is for an exempt purpose, as defined under the Act or the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (Clearing Regulations). 

Fence Line Clearing — What Is Allowed?

A specific exemption exists for fence line clearing, but it comes with clear conditions:

Item 10 of Regulation 5 of the Clearing Regulations provides an exemption for clearing along a fence line to the width necessary to provide access to construct or maintain a fence, provided that the clearing, combined with other limited exempt clearing on the property, does not exceed 5 hectares in the financial year in which the clearing takes place. 

On the Crown land side of a boundary, clearing of up to 1.5 metres from the fence line may occur, while on the non-Crown side the owner can clear to the width necessary to provide access to construct or maintain a fence. 

This exemption does not authorise wholesale clearing of all native vegetation within 1.5 metres of the fence line — it only authorises the clearing of as much vegetation as is necessary to provide access to construct or maintain a fence.

Important Restrictions

Exemptions do not apply in environmentally sensitive areas, along waterways, or where known threatened flora or fauna habitat exists.

Clearing on Road Reserves — Shire Approval Required

If you wish to clear vegetation on a road reserve (the area between your fence and the road), you must first obtain written approval from the Shire of Kojonup, as the Shire is the managing authority of that land. Failure to seek written approval will result in the Shire reporting the unauthorised clearing to DWER and penalties may apply.

Please contact the Shire office before commencing any clearing work on or near a road reserve.

Before You Clear — Check First

  • Contact DWER to confirm whether a permit or exemption applies to your situation
  • Check whether your land falls within an Environmentally Sensitive Area (ESA) using the DWER Clearing Permit System map at dwer.wa.gov.au
  • Check whether your land falls within Aboriginal Cultural Heritage
  • Contact the Shire office if your clearing is near a road reserve or public land

You need a permit to clear native vegetation unless you have a valid exemption or DWER has determined you do not need one during the clearing referral process.

Clearing Permits

Clearing of native vegetation is illegal without an approved permit from DWER unless an exemption applies.

Information about clearing permits and exemptions including the referrals process, public comments, environmentally sensitive areas, guidelines and more is available on the DWER Native Vegetation Clearing Permits page.

More Information and links:

Fence line clearing in Shire of Kojonup Information

Fence line Clearing Form Application

Native Vegetation Clearing Fact Sheet

Guidance for Native Vegetation Clearing Permits

A guide to the exemptions and regulations for clearing native vegetation

 

Clearing offences and penalties

Information on clearing offences and penalties can be found here.

If you suspect unauthorized clearing of native vegetation, please make a report using the online form or call Environment Watch hotline on 1300 784 782. 

To avoid a penalty for unauthorized clearing of native vegetation call DWER and verify if you’re exempt.

Department of Water and Environmental Regulation

Email: info@dwer.wa.gov.au

Phone: (08) 6364 7000

The Shire of Kojonup encourages all landholders to be good stewards of our unique native environment. When in doubt — ask before you clear.