Avoid a $3,000 mistake in your backyard—Aussies are getting fined for this simple gardening error!

Gardening is a beloved pastime for many Australians, offering a chance to enjoy the outdoors, cultivate beautiful plants, and even grow fresh produce right in their own backyards.

However, what seems like a harmless activity can lead to unexpected consequences if we're not careful.

A simple oversight in the way we protect our fruit trees and gardens could end up costing us more than just their harvest—it could lead to a hefty fine of up to $3,000.


The issue at hand is the use of fruit netting. While it's a common and effective method to safeguard our fruits and flowers from birds, insects, and other animals, it can also pose a serious threat to wildlife.

Creatures such as snakes, birds, and particularly flying foxes can become entangled in netting with larger mesh sizes, leading to injury or even death.

These animals, struggling to free themselves, can suffer from dehydration in the hot Australian sun or fall prey to predators.


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In Australia, fruit netting with gaps larger than 5x5mm is illegal due to wildlife hazards. Credit: Shutterstock


Recognising the danger to wildlife, authorities have set regulations on the permissible size of the gaps in fruit netting.

To minimise the risk of animals getting caught or tangled, the legal requirement for mesh size is a maximum of 5x5mm.

Despite these regulations, the use of illegal netting persists, with dire consequences for the animals involved.


In Victoria alone, the first six months of 2024 saw wildlife authorities record over 110 cases of flying foxes caught in illegal household netting, surpassing the total number of cases reported in the previous year.

These statistics are a stark reminder of the impact our gardening choices can have on the local ecosystem.

Kate Gavens, Chief Conservation Regulator of Conservation Regulator Victoria, has issued a plea to all household fruit growers: ‘We're urging all household fruit growers to ensure they understand the law and have compliant fruit netting that protects both native wildlife and your household fruit trees. A small change to your netting can make a big difference to the welfare of animals like grey-headed flying foxes.’


The penalties for non-compliance are significant. In Victoria, wildlife officers can issue on-the-spot fines of $395, with maximum court penalties reaching $2,964.

In New South Wales, fines can go up to $800, and in the Australian Capital Territory, the maximum penalty is $1,100.

So, what can you do to avoid making this costly mistake? First and foremost, check your existing fruit netting.

If it doesn't meet the legal requirements, it's time to replace it with wildlife-friendly options. Look for netting with a mesh size of 5x5mm or smaller, which is designed to protect your fruit without endangering animals.

Additionally, consider alternative methods of protecting your garden, such as using wildlife-safe deterrents or growing plants that are less attractive to animals.


As Aussies continue to navigate the complexities of backyard gardening, recent news highlights an alarming trend: hefty fines for seemingly minor infractions.

While this new rule might raise eyebrows for its potential to cost homeowners up to $3,000, it's not the only instance of garden-related fines making waves.

In a related story, a retiree is fighting back against a council's significant penalty, adding to the growing discourse around garden regulations and their impact on everyday Australians.
Key Takeaways

  • Fruit netting with gaps larger than 5x5mm is illegal in Australia due to its hazard to wildlife.
  • In Victoria alone, over 110 cases of flying foxes trapped in illegal netting were recorded within six months.
  • Gardeners were urged to use legally compliant fruit netting to protect both the fruit and local wildlife.
  • Significant fines are imposed for using illegal netting, with Victoria imposing fines up to $2,964 if prosecuted in court.
Have you had experiences with fruit netting in your garden? How do you balance protecting your harvest with caring for wildlife? Share your stories and tips in the comments below, and let's help each other garden more responsibly.
 
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Can understand the need to protect wildlife, etc but $3000 fines for easy targets everywhere these days!

Actually real criminals that violently thieve cars (car jackings), etc & scumbags that attack/harm/hurt vulnerable/defenceless people (including the elderly or that poor baby that was deliberately scolded with hot water recently) or the ice heads beating up on other people probably get off a lot lighter than $3000 fines!

I read this morning about cameras being set up in the Grampians National Park (Parks Vic) to catch illegal rock climbers & the fine was over $300,000.. fair dinkum!

The world has gone crazy!
 
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If your talking about n.z. They have a possum problem don’t they I think they have more possums than people🧐and I bought a couple of possum fur gloves they are so warm, great for my arthritic hands.👍 Sometimes you have to cull to be kind.
yes and not a problem really. money is made and that is a good thing.
 
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Seriously !!! With the cost of living and soaring prices of fruit n veg , we are encouraged to grow our own fresh produce !! So shouldn't we protect it from animals including bats !!

I just purchased netting from temu to cover our fig trees.

We have small net bags that we put on our mangoes . I share with family and friends but I'm not willing to share these with animals

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Seriously !!! With the cost of living and soaring prices of fruit n veg , we are encouraged to grow our own fresh produce !! So shouldn't we protect it from animals including bats !!

I just purchased netting from temu to cover our fig trees.

We have small net bags that we put on our mangoes . I share with family and friends but I'm not willing to share these with animals

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On a property an owner had a walk in all netted area for their fruit tree's which l thought was a good idea
 
All wildlife was ther before you . Without them the environment would collapse
Yes true. But farming and humans producing their own food. The wildlife has changed to their ways to adapt to easier resources.
 
Some people feel if they can't protect at least some of their fruit they might remove their trees and save water. In hot climates in unsheltered areas trees and other plants need more water. Some fruit if you don't pick it early and use another method to ripen it you get none at all. We have tried other methods to deter birds. They get used to the deterrents and find other way to attack sections of a piece of fruit. We also had a problem with ants attacking our apricots before they were ripe enough to pick. They make at tiny hole the size of putting a sewing needle or pin in material. If you miss seeing the hole you are likely to get a mouth full of tiny ants.
 
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We had fruit rats attack our oranges and tomatoes one year. We don't have anything else in our yard to attract them.
 
Some people feel if they can't protect at least some of their fruit they might remove their trees and save water. In hot climates in unsheltered areas trees and other plants need more water. Some fruit if you don't pick it early and use another method to ripen it you get none at all. We have tried other methods to deter birds. They get used to the deterrents and find other way to attack sections of a piece of fruit. We also had a problem with ants attacking our apricots before they were ripe enough to pick. They make at tiny hole the size of putting a sewing needle or pin in material. If you miss seeing the hole you are likely to get a mouth full of tiny ants.
Yes there's a lot of competition when growing own fruit (or flowers even)- so many pests, it can be frustrating & expensive!
Today i purchased 2 small rectangular pots, one medium/small round pot (all plastic) & some flower seedlings (marigolds, 6 in each of two trays), a big bag of potting mix & a snail bait & it came to $93!!

Have jus purchased this house & it has barely any garden & i had some basic plans for it (vegie garden, couple medium size plants for some colour & maybe a flower bed (& something to plant into) , but I won't be following thru with prices like that! :(
 
Yes there's a lot of competition when growing own fruit (or flowers even)- so many pests, it can be frustrating & expensive!
Today i purchased 2 small rectangular pots, one medium/small round pot (all plastic) & some flower seedlings (marigolds, 6 in each of two trays), a big bag of potting mix & a snail bait & it came to $93!!

Have jus purchased this house & it has barely any garden & i had some basic plans for it (vegie garden, couple medium size plants for some colour & maybe a flower bed (& something to plant into) , but I won't be following thru with prices like that! :(
What brand of potting mix did you buy? Did you go to an expensive garden centre? (I suggest you try Bunnings. I think they still have a gardening section. Marigold seeds are easy to collect from the flowers when they finish flowering and it dries at the top of the flowers
 
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What brand of potting mix did you buy? Did you go to an expensive garden centre? (I suggest you try Bunnings. I think they still have a gardening section. Marigold seeds are easy to collect from the flowers when they finish flowering and it dries at the top of the flowers
Thanks, unfort no Bunnings in my town, but a Mitre 10 (with no competition, it's the only hardware store here).
The potting mix is Debco brand, multi purpose 40 litre (about $16 i think)
 
Thanks, unfort no Bunnings in my town, but a Mitre 10 (with no competition, it's the only hardware store here).
The potting mix is Debco brand, multi purpose 40 litre (about $16 i think)
No wonder your purchase was so high. They are one of the most expensive companies
 
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I am a person who holds his constitutional rights very valuable. Council terrorism is something most people may be aware off, but I show I stand my ground. it is very sad that in particular many elderly citizen may lack the ability to stand up against their terrorism in particular being unaware of their rights, but the real criminals, the politicians really are getting away with murder and to deflect attention about this they simply devise all kinds of unconstitutional schemes. One council (last year) engaged lawyers to dictate what I can or cannot do with my property and I made clear; get lost.
https://constitutionwatch.com.au/fee-simple/ which also refers to
Commonwealth v New South Wales [1923] HCA 34; 919230 33 CLR 1 (9August 1923)
QUOTE
ISAACS J. In Challis's Real Property, 3rd ed., p. 218,

it is stated with perfect accuracy:—

“In the language of the English law, the word fee signifies an estate of inheritance as distinguished from a less estate; not, as in the language of the feudists, a subject of tenure as distinguished from an allodium.”

“Allodium being wholly unknown to English law, the latter distinction would in fact have no meaning.” “A fee simple is the most extensive in quantum, and the most absolute in respect to the rights which it confers, of all estates known to the law.”

“It confers, and since the beginning of legal history it always has conferred, the lawful right to exercise over, upon, and in respect to, the land, every act of ownership which can enter into the imagination, including the right to commit unlimited waste; and, for all practical purposes of ownership, it differs from the absolute dominion of a chattel,

in nothing except the physical indestructibility of its subject.”

“Besides these rights of ownership, a fee simple at the present day confers an absolute right, both of alienation inter vivos and of devise by will.” 2

Extracts from Commonwealth Law Reports Volume 33 / 33 CLR 1:-

(1920) 33 CLR 1 at 45
END QUOTE
 

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