Clearing Native Vegetation - FENCELINE
If you are the owner of the property, you may clear a strip along a fence line within your property to the width necessary to provide access to construct or maintain a fence, provided that the clearing, combined with other limited exempt clearing (under the Regulations) on the property, does not exceed five hectares in the financial year in which the clearing takes place.
A separate exemption exists for clearing between private property and Crown land (e.g., a road reserve), provided that the clearing on the Crown land is no more than 1.5 metres from the fence and is required to enable access to construct or maintain a fence. This exemption applies to the owner of the land on which the clearing is to take place or with the prior authority of the owner, therefore in the case of a road reserve, written approval from your local Shire must be obtained prior to undertaking the clearing. Please contact the Shire for written approval, if required.
DWER has published a series of publications to assist in understanding the requirements:
Clearing Native Vegetation FAQs
Guide to Exemptions and Regulations for Clearing Native Vegetation
The Shire also has a policy on Rural Road Vegetation – it can be viewed by clicking here.
Please note the onus is on the landowner and any other person carrying out the clearing on their behalf, to ensure compliance with the Environmental Protection Act 1986 (EP Act), regardless of any advice given by the Shire.
Should you need further assistance regarding fence line clearing on Crown land i.e. road reserve within 1.5 metres of the fence line, then please contact the Shire of Mingenew on 9928 1102 or via email to enquiries@mingenew.wa.gov.au.
clearing native vegetation - bushfire management
Properties adjoining roads or Crown reserves
Where a property boundary adjoins a road reserve or Crown reserve, the required firebreak must be located within the landowner’s property unless otherwise authorised. Firebreaks are not generally permitted within road reserves and landowners should not undertake vegetation clearing on adjoining Crown land without the approval of the relevant land manager. Where native vegetation occurs along the boundary, landowners should ensure any clearing is authorised under applicable environmental legislation and should contact the local government if provision of the firebreak immediately inside the boundary is impracticable.
Clearing exemptions under the Bush Fires Act 1954
An exemption exists under the Bush Fires Act 1954, to allow clearing that is done:
(a) as permitted under section 17(5); or
(b) in accordance with a permit obtained under section 18; or
(c) in accordance with permission granted under section 22(c); or
(d) under section 22(2), 23, 26A, 39(1)(d) or 44(1)(c); or
(e) as authorised by a proclamation under section 26,
of the Bush Fires Act 1954.
This exemption allows clearing under the Bush Fires Act 1954 for:
- burning during a restricted time if a permit is obtained from a bush fire control officer;
- burning if the Minister for Emergency Services or a person acting on the Minister’s authority grants permission during a declared bush fire
emergency period;
- burning during prohibited times if a burning permit is obtained from a bush fire control officer to burn bush on land to protect a dwelling,
building, haystack or crop, or to control certain weeds; or
- clearing by a bush fire control officer to construct fire breaks or clear land to control or prevent the spreading of a fire.
The Shire’s Firebreak Notice provides information on certain requirements for private rural landowners. The latest Firebreak Notice can be viewed by clicking here.