The Tool Desk
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What happened in the Bassendean prosecution
PerthNow reported on 2 December 2025 that the Town of Bassendean had prosecuted its first case involving unauthorized removal of regulated trees on private property, about a year after the updated policy was adopted. The court found the accused knew approval was required but went ahead with the work. It imposed a $17,000 penalty and ordered the owner to pay the Town’s legal costs. PerthNow reported the outcome.
Mayor Kath Hamilton said the Town had been alerted by a member of the public that a regulated tree was being removed without approval. She also said a subdivision application for the property had been approved with the tree identified for retention. Hamilton described the penalty as sending “a clear message that regulated trees must not be removed without approval.”
The available accounts do not identify the landowner, specify the number or species of trees, cite the precise charge provision, or provide full sentencing reasons.
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When does Bassendean require approval to remove a tree?
Bassendean Council adopted amended Local Planning Policy No. 13 – Tree Retention and Provision in September 2024. The policy applies tree-retention considerations through development and protects regulated trees on private property from removal and significant damage. The Town’s tree-retention policy information sets out the current guidance.
A tree is regulated if it meets at least one of these size tests and is not listed as a weed species on a State or local area register:
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- More than 8 metres tall.
- A canopy wider than 6 metres.
- A trunk circumference of at least 1.5 metres, measured 1.4 metres above ground.
Town approval is required before a regulated tree is removed or substantially damaged, unless an exception applies. These thresholds are a starting point, not a substitute for checking the Town’s current guidance about a particular tree and proposed work.
Exceptions and practical steps for property owners
The Town lists exceptions for maintenance pruning, urgent work needed for safety, work carried out under an approved bushfire management plan, work needed to prevent limb or root encroachment onto adjoining property, and trees on the Town’s unwanted species list. The “regulated” definition excludes listed weed species; the Town’s unwanted-species exception is a separate consideration. If it is unclear which category applies, confirm the position with the Town before work begins.
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For pruning, Bassendean recommends using a qualified arborist. Property owners can ask the Town whether a tree is regulated by providing details of the tree, the work proposed, its timing and a site plan. Check the Town’s current requirements and obtain any necessary approval before arranging removal or substantial damage.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.A separate State Administrative Tribunal decision
The tree-removal prosecution is distinct from a separate matter reported by the Town on 8 June 2026. In that case, the State Administrative Tribunal upheld the Town’s refusal of an application to remove a regulated tree on private land. The Town described it as the first reported SAT decision affirming a local government’s refusal of such an application. It is not the Magistrates Court prosecution discussed above. The Town has also stated a goal of reaching 30% canopy cover by 2040; that is a target, not a reported measurement of current canopy cover. The Town’s statement on the SAT decision.
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