Popular Topics

Explore All

Find a Lawyer

LawAdvisor Questions
Ask a Question
A member asked over 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
Submit an answer
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 9 years ago   Legal disclaimer

Thank

Hire lawyers to solve your legal problem now. Learn more

Other Questions

Do police have any power to tell you to be quiet in a public area?

Do police have any power to tell you to be quiet in a public area? My friends were singing really...

When assets are frozen is it just bank accounts or can they liquidate assets?

When assets are frozen is it just bank accounts or is it the ability to liquidate assets, such as...

Do police officers have to identify themselves if asked?

Police were being abusive at a protest I attended, and I asked the police officer for his name an...

Do I have to answer questions a police officer asks?

Police stopped me and asked me questions when I was driving. Did I have to answer them? I did at ...

My dog was put down because someone lied and said it bit them, what can I do?

My dog is a pedigree breeding animal, and I make an income from him. Recently my neighbour lied a...

Featured Lawyers

Logo lawadvisor
Law Advisor Research Team
Researchers at LawAdvisor

If you're experiencing any technical problems, please email techsupport@lawadvisor.com.

Receive no obligation fee proposals from Australian lawyers

You can speak to any number of lawyers to find out about all the different options and costs available to resolve your legal problem in three easy steps:

Step 1

Tell us about your legal needs

Step 2

Select and speak to Lawyers

Step 3

Select a fee proposal and start work

Directory Post a Job