Hard As Pty Ltd purchased a parcel of land in Wanerie in the Shire of Gingin on 1 August 2022.
Twelve days after the purchase, the company’s sole director hired a contractor to clear part of the land and create levies to stop flooding from a nearby river. Between 13 August and 13 December 2022, the contractor cleared 27.64 hectares of native vegetation. No permit was sought to clear the vegetation.
In the Joondalup Magistrates Court on Friday 6 September 2024, Hard As Pty Ltd was ordered to pay a fine of $16,000, with $796.70 costs.
The Department of Water and Environmental Regulation (DWER) has also issued the company with a Vegetation Conservation Notice, requiring revegetation within the specified areas to achieve a species composition, structure, density, and vegetation condition similar to the area’s pre-cleared state.
Initial revegetation attempts must be completed across all specified areas by November 2025 and if revegetation is not achieved before that date, the cleared land must be revegetated every year for the next 15 years.
The landowner must also carry out weed control and keep accurate records of all revegetation and weed-control measures for the next 15 years. Any subsequent owners of the land will also be bound by the Vegetation Conservation Notice.
DWER Executive Director of Assurance, Peter Taylor, said anyone planning to clear native vegetation on their property should understand their obligations first.
“A permit is required to clear native vegetation unless the landowner is eligible for an exemption, or DWER has determined during the clearing referral process that a permit is not needed,” he said.
