Aussie man helps out, receives $25,000 fine over property changes
- Replies 13
Most of us try to do the right thing when it comes to looking after our homes and properties, especially when it comes to keeping our land tidy and safe for ourselves and the local wildlife.
But as one Western Australian man recently discovered, even the best intentions can land you in hot water if you don’t follow the rules.
Craig Wilson Donohue, a resident of Forrington Heights, found himself facing a hefty $25,000 fine after he cleared and trimmed native bushland on his property and a neighbouring council road reserve.
This area had been classified as environmentally sensitive.
The incident, which took place in late 2024, involved the removal of fencing, barbed wire, and a significant amount of vegetation—spanning at least 1,000 square metres.
Mr Donohue’s motivation is that he believed he was protecting local wildlife.
He argued in court that the old fencing and barbed wire posed a danger to native animals and that invasive weeds like cottonbush, poisonous nightshade, and South African watsonia were choking out native plants and making it harder for local fauna to thrive.
Unfortunately, the Shire of Waroona saw things very differently.
Their prosecutor told the Mandurah Magistrates Court that Mr Donohue’s actions—including mechanical trimming and a 'hot burn' (an intense fire over a large area)—had caused significant and lasting damage to the habitat of several endangered plants and animals.
In particular, the council highlighted the loss of marri and banksia trees, which are vital for the black cockatoo—a threatened species in the region.
The intense heat from the fire reportedly split open and killed some of these trees, while native shrubs and ground covers were also heavily impacted.
While the court accepted that Mr Donohue’s actions were 'somewhat inadvertent,' the prosecution argued that he should have sought the council's approval before clearing or burning in such a sensitive area.
Magistrate Leanne Atkins made it clear that failing to seek the proper approvals would not be taken lightly, especially in areas protected by local planning schemes.
Mr Donohue pleaded guilty and was fined $25,000 plus $1,500 in legal costs.
In a gesture of goodwill, he also promised to plant 200 native plants in the affected area over the next two years to help restore the damaged habitat.
You might be wondering why the council came down so hard on Mr Donohue, especially when he thought he was helping.
The answer lies in the importance of Australia’s native bushland.
These areas are home to countless species of plants and animals—many of which are found nowhere else in the world.
Even well-meaning actions can have unintended consequences, such as destroying nesting sites, food sources, or rare plants.
Local councils and state governments have strict regulations in place to protect these environments.
In many cases, you need written approval before you can clear, trim, or burn native vegetation—even on your own property.
This is especially true if your land is in or near an 'environmentally sensitive area,' which is often mapped out in local planning schemes.
If you're planning to tidy up your property, remove weeds, or reduce bushfire risk, there are a few key steps to follow.
Start by checking with your local council to see if your land is in a protected area or if any permits are required for clearing or burning.
If you're unsure about what plants are native or invasive, it’s worth seeking advice from a local environmental group or landcare officer.
You might also consider alternative methods that are safer or more environmentally friendly, especially when it comes to managing weeds or fencing.
If you receive approval for any work, make sure to keep records of all correspondence and permits in case questions arise later.
Mr Donohue’s story is a timely reminder that, when it comes to managing bushland, good intentions need to be matched with the right approvals and knowledge.
Even if you think you’re helping, it’s always best to check with the experts first—otherwise, you could end up with a fine that’s far more painful than a few weeds or a bit of old fencing.
Have you ever run into trouble with your local council over land management or bush clearing? Do you think the rules are too strict, or are they necessary to protect our unique Aussie environment? Share your thoughts and experiences in the comments below
But as one Western Australian man recently discovered, even the best intentions can land you in hot water if you don’t follow the rules.
Craig Wilson Donohue, a resident of Forrington Heights, found himself facing a hefty $25,000 fine after he cleared and trimmed native bushland on his property and a neighbouring council road reserve.
This area had been classified as environmentally sensitive.
A Western Australian man was fined $25,000 for unauthorised clearing and trimming of native bushland. Credit: Liudmila Chernetska / iStock
The incident, which took place in late 2024, involved the removal of fencing, barbed wire, and a significant amount of vegetation—spanning at least 1,000 square metres.
Mr Donohue’s motivation is that he believed he was protecting local wildlife.
He argued in court that the old fencing and barbed wire posed a danger to native animals and that invasive weeds like cottonbush, poisonous nightshade, and South African watsonia were choking out native plants and making it harder for local fauna to thrive.
Unfortunately, the Shire of Waroona saw things very differently.
Their prosecutor told the Mandurah Magistrates Court that Mr Donohue’s actions—including mechanical trimming and a 'hot burn' (an intense fire over a large area)—had caused significant and lasting damage to the habitat of several endangered plants and animals.
In particular, the council highlighted the loss of marri and banksia trees, which are vital for the black cockatoo—a threatened species in the region.
The intense heat from the fire reportedly split open and killed some of these trees, while native shrubs and ground covers were also heavily impacted.
While the court accepted that Mr Donohue’s actions were 'somewhat inadvertent,' the prosecution argued that he should have sought the council's approval before clearing or burning in such a sensitive area.
Mr Donohue pleaded guilty and was fined $25,000 plus $1,500 in legal costs.
In a gesture of goodwill, he also promised to plant 200 native plants in the affected area over the next two years to help restore the damaged habitat.
You might be wondering why the council came down so hard on Mr Donohue, especially when he thought he was helping.
The answer lies in the importance of Australia’s native bushland.
These areas are home to countless species of plants and animals—many of which are found nowhere else in the world.
Local councils and state governments have strict regulations in place to protect these environments.
In many cases, you need written approval before you can clear, trim, or burn native vegetation—even on your own property.
This is especially true if your land is in or near an 'environmentally sensitive area,' which is often mapped out in local planning schemes.
If you're planning to tidy up your property, remove weeds, or reduce bushfire risk, there are a few key steps to follow.
Start by checking with your local council to see if your land is in a protected area or if any permits are required for clearing or burning.
You might also consider alternative methods that are safer or more environmentally friendly, especially when it comes to managing weeds or fencing.
If you receive approval for any work, make sure to keep records of all correspondence and permits in case questions arise later.
Mr Donohue’s story is a timely reminder that, when it comes to managing bushland, good intentions need to be matched with the right approvals and knowledge.
Even if you think you’re helping, it’s always best to check with the experts first—otherwise, you could end up with a fine that’s far more painful than a few weeds or a bit of old fencing.
.png){kind=icon}
but removing weeds and a wire fence I don't see the problem although he should have know you can't use fire to do this
