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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Maybe what is required is to put NETTING in some Council meeting to protect ratepayers from some of these coucilors from makimg these rules.Little tyrants forgetting what they are paid to do.Flying foxes are protected but in some areas are a bloody pest crapping over people s houses and destroying property..Coucils will not help cleaning up as long as they are not affected someone elses problem as usual.
 
Simply wildlife has evolved to humans giving them constant food sources. People should be able to protect our property, including our harvests, as do farmers. Flying foxes tend not to migrate like they use to and are becoming a huge problem. They are plague portions and not going to their natural feeding grounds. First time heard of getting fined to protect our own food. Woke, at the extreme.
 
https://constitutionwatch.com.au/fee-simple/ttps://constitutionwatch.com.au/fee-simple/

Commonwealth v New South Wales [1923] HCA 34 (1923) 33 CLR 1 (9 August 1923)

HIGH COURT OF AUSTRALIA

KNOX C.J., ISAACS, HIGGINS, GAVAN DUFFY AND STARKE JJ.

THE COMMONWEALTH OF AUSTRALIA PLAINTIFF against

THE STATE OF NEW SOUTH WALES AND ANOTHER DEFENDANTS

1920-1923: SYDNEY, Dec. 1-3, 1920; Mar. 21-29, 1922; Aug. 9, 1923 33 CLR 1

Extracts from Commonwealth Law Reports Volume 33 / 33 CLR 1:- (1920) 33 CLR 1 at 42


QUOTE

“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.”


END QUOTE

And

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.”

END QUOTE
 
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Better watch out in the Summer.

You may not be allowed to open your patio door more than 2 metres in case too much hot air comes in your house, then you'd have to put your a/c on cooling and ruin the climate?!!!! :rolleyes:
 
i come from a country that does not protect possums but puts the skins to very good use. Australia protects animals that kill and fines the human for it if they retalliate.
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.
 
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https://constitutionwatch.com.au/fee-simple/ttps://constitutionwatch.com.au/fee-simple/

Commonwealth v New South Wales [1923] HCA 34 (1923) 33 CLR 1 (9 August 1923)

HIGH COURT OF AUSTRALIA

KNOX C.J., ISAACS, HIGGINS, GAVAN DUFFY AND STARKE JJ.

THE COMMONWEALTH OF AUSTRALIA PLAINTIFF against

THE STATE OF NEW SOUTH WALES AND ANOTHER DEFENDANTS

1920-1923: SYDNEY, Dec. 1-3, 1920; Mar. 21-29, 1922; Aug. 9, 1923 33 CLR 1

Extracts from Commonwealth Law Reports Volume 33 / 33 CLR 1:- (1920) 33 CLR 1 at 42


QUOTE

“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.”


END QUOTE

And

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.”

END QUOTE
Go back to Rotterdam, your insane views are not required here.
 
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See my blog sat https://www.scribd.com/inspectorrikati for further details you may desire to learn about.
You were speeding, the fine is constitutional, by your own admission you are a "self-educated constitutionalist" you obviously do not understand the constitution. Pay the fine nad move on.

Also, council rates are legal, pay your rates like everyone else does, you are not special. If you can't afford them sell your house and move to a cheaper area/place.

Bloody whinger, if this country is so bad why are you living here, go back to the Netherlands.
 
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