17/12/2025
A Tallarook landowner has been fined $20,000 and ordered to pay a further $3,111.05 in costs after admitting to unlawfully removing more than 160 native trees without the required planning approval.
The matter was heard last Monday, where the court was told the trees were cut down on or around 16 May 2025.
The landowner entered an early guilty plea to a single charge of removing native vegetation in breach of clause 52.17-1 of the Mitchell Shire Planning Scheme.
Despite having no prior criminal history, the scale of the clearing placed the offence firmly in the serious category.
The court heard that native vegetation protections exist to safeguard biodiversity, landscape stability and environmental health, particularly in rural areas where large-scale clearing can have long-lasting impacts.
During proceedings, it was noted that the accused had cooperated fully with Mitchell Shire Council throughout the investigation and had indicated an intention to enter into a Section 173 Agreement to support remediation of the affected land where possible.
Judicial Registrar Eales found the charge proven and imposed the penalty without recording a conviction, but stressed that deterrence remains a central consideration in unlawful clearing cases.
The court also noted that the maximum penalty available for this type of offence can reach up to $200,000, reflecting the seriousness with which such breaches are treated under planning law.
Mitchell Shire Council CEO Mary Agostino said the outcome reinforced the importance of compliance with planning controls designed to protect the natural environment.
“Native vegetation plays a vital role in our local environment, particularly in rural areas like Tallarook,” she said.
“Council is committed to protecting these landscapes and working with landowners so they understand their responsibilities under the Planning Scheme.”
“This decision sends a clear message that illegal clearing won’t be tolerated and that there are real consequences for damaging our natural environment.”
Council has reiterated that landowners are encouraged to seek advice before undertaking any vegetation removal, as unauthorised clearing can result in significant financial penalties and long-term environmental harm.
