Tree Preservation Orders in Perth: What Homeowners Need to Know
Understand the legal protections on trees in your Perth property. Learn about TPOs, protected species, penalties, and how to navigate the approval process.
Get Expert Arborist AdviceWhat Are Tree Preservation Orders?
Tree Preservation Orders (TPOs) are legal instruments used by local governments in Perth to protect trees that have environmental, heritage, amenity, or landscape significance. When a TPO applies to a tree on your property, you are legally prohibited from removing, pruning, lopping, transplanting, or causing damage to that tree without written council approval.
In Western Australia, TPOs are typically created under the authority of local planning schemes made under the Planning and Development Act 2005. Each Perth council has its own approach to tree protection, with some using formal TPOs for individual trees and others applying broader tree protection policies through their planning scheme.
Understanding whether your trees are subject to a TPO is essential before undertaking any tree work. Ignorance of a TPO is not a valid defence if you remove or damage a protected tree. The penalties can be significant, and councils actively enforce their tree protection policies.
How TPOs Work in Western Australia
Unlike some eastern states where state-wide tree protection legislation exists, Western Australia relies primarily on local government to protect urban trees. This means tree protection rules vary significantly between Perth councils.
Councils can protect trees through several mechanisms:
- Formal Tree Preservation Orders: Legal orders placed on individual trees or groups of trees, registered against the property title. These provide the strongest protection.
- Local Planning Scheme provisions: Many councils include tree protection clauses in their planning scheme that apply to all trees meeting certain criteria (height, trunk size, species).
- Local Planning Policies: Supplementary policies that provide guidance on how tree protection is assessed and enforced.
- Development conditions: Trees may be protected as a condition of a development approval, requiring their retention and protection during and after construction.
At the state level, native vegetation receives additional protection under the Environmental Protection Act 1986 (EP Act). The Department of Water and Environmental Regulation (DWER) administers clearing permits for native vegetation. This means some trees are subject to both local and state protection requirements.
Protected Tree Species in Perth
Several native tree species receive particular attention from Perth councils and state environmental agencies due to their ecological significance.
Banksia (Various species)
Banksia spp.
Banksia woodland on the Swan Coastal Plain is listed as an endangered ecological community under federal EPBC Act. Extremely high protection level. Clearing typically requires both state and federal approval.
Key councils: All Perth councils, particularly Joondalup, Wanneroo, Rockingham, and Cockburn.
Tuart
Eucalyptus gomphocephala
Tuart woodland is restricted to the Swan Coastal Plain and is considered a threatened ecological community. One of the most protected species in Perth. Large Tuart trees are almost always subject to TPOs.
Key councils: Nedlands, Cottesloe, Claremont, Rockingham, Mandurah, and surrounding councils.
Marri
Corymbia calophylla
A key foraging species for endangered Carnaby's and Baudin's black cockatoos. Habitat trees (with hollows) receive particular protection. Removal often requires assessment of black cockatoo impact.
Key councils: Most Perth metropolitan councils, particularly hills and outer suburbs.
Jarrah
Eucalyptus marginata
The iconic Western Australian tree species. Protected under various council policies. Large Jarrah trees are almost always significant. Also a black cockatoo habitat species.
Key councils: Hills councils (Kalamunda, Mundaring, Armadale) and inner suburbs.
Sheoak (Various species)
Allocasuarina spp.
An important food source for Carnaby's black cockatoo. Protected in areas where cockatoo habitat is a planning consideration. Often found in conjunction with Banksia woodland.
Key councils: Northern and southern corridor councils with cockatoo habitat overlays.
River Red Gum
Eucalyptus camaldulensis
Significant amenity and habitat value along Perth's rivers and wetlands. Often protected by both council TPOs and state environmental regulations for waterway vegetation.
Key councils: Councils along the Swan and Canning Rivers, and near wetlands.
Key Legislation in Western Australia
Tree protection in Perth is governed by a layered framework of local, state, and federal legislation:
Environmental Protection Act 1986 (WA)
The EP Act is the primary state legislation governing environmental protection in Western Australia. Part V of the Act regulates the clearing of native vegetation. Clearing native vegetation without a permit or a valid exemption is an offence. Penalties include fines of up to $250,000 for individuals and $500,000 for corporations, plus potential restoration orders.
Environmental Protection (Clearing of Native Vegetation) Regulations 2004
These regulations set out the detailed rules for clearing permits, including exemptions for residential properties. Schedule 6 provides limited exemptions for clearing within certain distances of existing dwellings and structures, but these are narrow and subject to conditions.
Planning and Development Act 2005 (WA)
This Act provides the framework under which local planning schemes are made. Councils use their planning schemes to create tree protection provisions, including the power to issue Tree Preservation Orders. The Act also establishes the State Administrative Tribunal (SAT) as the appeals body for planning decisions.
Environment Protection and Biodiversity Conservation Act 1999 (Federal)
The EPBC Act protects Matters of National Environmental Significance, including listed threatened species and ecological communities. In Perth, this is particularly relevant to Banksia woodland (endangered ecological community) and black cockatoo habitat. Any action that could significantly impact these matters requires referral to the federal environment minister.
Penalties for Unauthorised Tree Removal
The consequences of removing a protected tree without approval can be severe. Councils and state agencies actively investigate reports of unauthorised tree removal. Penalties include:
Local Council Fines
$5,000 - $50,000
Per tree, depending on the council and the significance of the tree. Some councils impose higher penalties for repeat offenders.
EP Act Penalties (Individual)
Up to $250,000
For clearing native vegetation without a permit or valid exemption under the Environmental Protection Act 1986.
EP Act Penalties (Corporation)
Up to $500,000
Corporate penalties for unauthorised clearing of native vegetation under the EP Act.
EPBC Act Penalties
Up to $555,000
For significant impacts on Matters of National Environmental Significance without referral or approval under federal law.
Additional Consequences
Beyond monetary fines, courts can order mandatory restoration planting (often at a ratio of 10:1 or more), remediation works, community service orders, and in extreme cases, prosecution. Property owners who instruct unqualified operators to remove protected trees can be held equally liable. Council fines are typically infringement notices that do not require court proceedings.
Exemptions and When You May Not Need Approval
Not all tree removal requires council approval. Common exemptions include:
- Dead trees: Most councils allow removal of dead trees without a permit, but you may need to provide evidence (photographs) that the tree was dead before removal.
- Emergency situations: If a tree poses an immediate danger to life or property (such as after a severe storm), emergency removal may proceed without prior approval. You should notify the council as soon as practicable and provide evidence of the emergency.
- Trees below the size threshold:Trees that do not meet the council's height or trunk size threshold for protection can generally be removed without approval.
- Exempt species: Some councils exempt certain species from protection, typically declared weeds or pest species (such as some fig species or African Boxthorn).
- Building permit exemptions: Under Schedule 6 of the EP Act clearing regulations, limited clearing of native vegetation may be permitted in connection with an approved building permit on a residential lot.
Even if you believe an exemption applies, it is advisable to confirm with your council before proceeding. If you are wrong about the exemption, you could face penalties. A qualified arborist can advise you on whether an exemption is likely to apply.
How to Apply for TPO Tree Removal
Confirm TPO Status
Contact your council to confirm the tree is subject to a TPO. Ask what documentation is required for a removal application.
Engage an Arborist
A qualified consulting arborist (AQF Level 5 minimum) must assess the tree and prepare a report addressing the council's TPO criteria.
Submit Application
Lodge the application form, arborist report, site plan, photographs, and any supporting evidence with your council. Pay the application fee.
Await Decision
The council will assess your application, potentially conduct a site visit, and issue a decision. Expect 4-8 weeks for TPO applications.
Tree Preservation Order FAQs
Need Help with a TPO-Protected Tree?
We connect you with qualified consulting arborists who specialise in TPO applications and understand your council's specific requirements.
Get an Arborist Report Quote