AustraliaI cleared some trees on my property and got fined. What federal environmental laws apply?
In Australia, federal environmental laws that may apply to tree clearing include the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which protects matters of national environmental significance — such as threatened species, migratory birds, and World Heritage areas.
What the Law Says
The main federal environmental law regulating tree clearing in Australia is the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). It prohibits actions that have, will have, or are likely to have a significant impact on matters of national environmental significance — including listed threatened species and ecological communities, migratory birds, Ramsar wetlands, World Heritage properties, and the Great Barrier Reef Marine Park.
Tree clearing may trigger the EPBC Act if it affects a protected matter — for example, by destroying habitat of a listed threatened species or a migratory bird protected under international agreements.
An action is prohibited if it is likely to have a 'significant impact' on a matter of national environmental significance and has not been approved by the Federal Environment Minister.
The law applies regardless of land ownership — private landowners must assess whether their activity requires federal approval before proceeding.
Statutory TextA person must not take an action that has, will have or is likely to have a significant impact on a matter of national environmental significance.
— Environment Protection and Biodiversity Conservation Act 1999 (Cth), s.18(1) — Prohibition on actions having significant impact on matters of national environmental significance
Statutory TextThe maximum penalty is imprisonment for 7 years or a fine of 5000 penalty units ($1,100,000) for an individual, or 50,000 penalty units ($11,000,000) for a body corporate.
— Environment Protection and Biodiversity Conservation Act 1999 (Cth), s.486D — Penalties for contravention of s.18
What to Do
Check if your property overlaps with any protected matters using the EPBC Act Protected Matters Search Tool (https://www.environment.gov.au/epbc/protected-matters-search-tool)
Contact the Department of Climate Change, Energy, the Environment and Water to request a referral or advice on whether your activity needs assessment or approval.
If you’ve already cleared trees, stop further clearing immediately and seek legal advice — voluntary disclosure may affect enforcement outcomes.
Apply for retrospective approval only if advised by the Department; this does not guarantee immunity from penalties.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.