Significant Trees FAQs

A: Currently, there is no protection offered by State Government legislation. Under the Heritage Act 2018, a tree or group of trees can only be placed onto the State Register of Heritage Places, and hence be protected, if they are associated with a man-made setting that also has state heritage significance.

Tree Protection in Western Australia, therefore, generally falls under the jurisdiction of Local Governments. As there are no requirements under current State legislation, each Local Government can enforce their own policy. Some Local Governments have a Significant Tree Registers, such as City of Mandurah or City of Serpentine-Jarrahdale, whilst others enforce Tree Protection Orders, such as the City of Armadale. Some have no policy in place and assess on a case-by-case basis. The available protection for the tree or trees is therefore dependent on your Local Government.

A: The National Trust recognised that there is inconsistency in the ways Local Governments recognise and record trees with heritage values, and so we established the Significant Tree Register to have a centralised, easily accessible record of significant trees in Western Australia. The register also forms an important record of the State’s history and landscape.

The Significant Tree Register can be utilised by different agencies, Local Governments, and individuals. We encourage people to nominate significant trees for assessment. If you would like to nominate a tree, please click here.

A: Once your nomination is received, it will be assessed by the National Trust’s Significant Tree Committee. The committee comprises individuals with a variety of professional qualifications. To learn more about our Significant Tree Committee please click here. The committee meets quarterly so please be aware your nomination may not be assessed immediately. If your nomination is urgent, please contact us at trust@ntwa.com.au.

Trees that are to be included on the Register, go to the National Trust’s Council for final approval. Once the assessment process has been completed you will be notified of the outcome. If the tree(s) are to be included onto the register, the relevant Local Government, agency, or State Department will also be notified and encouraged to ensure the tree(s) are retained and protected.

A: The Significant Tree Register does not have a statutory role. The purpose of the Register is educational as well as being an important record of Western Australia’s heritage.
Registration does not have any legal status and does not impinge on the rights of ownership in any way. Registration does not imply a right of access by the public. The National Trust hopes that owners respect the significance of the registered tree(s).

A: Whilst we advocate for the retention of all tree(s) on the Significant Tree Register, listing does not carry any statutory (legal) implications. Local Government authorities may refer development applications to us, or request our input, however they are not bound by our recommendations.

A: Reach out to your Local Government and discuss their tree policies to understand what protection options are available. If there are no policies in place, reach out to your local Councillors, or local Members to advocate for the introduction of these policies.

You can nominate your tree(s) for inclusion on the National Trust’s Register of Significant Trees. Please see the nomination form here.

In certain cases, a Restrictive Covenant can be placed onto a tree, offering it legal protection from future development. Please be aware that this process can be costly, and you will be responsible for covering lawyer’s fees, an arborist report and surveying costs. A restrictive covenant can also impact property sale, especially if you intend to subdivide. For further information you can contact us to discuss the process at trust@ntwa.com.au.

A: There are several factors that are assessed to determine whether a tree has heritage significance. These criteria include aesthetic, historical, social, scientific, spiritual, and ecological values. To view some examples of recent inclusions to the Register, please click here.

A: No, the Register includes trees from all over Western Australia and we welcome nominations from wherever you are across the State.

A: Talk to your local Councillors and local Members and push for the introduction of tree protection policies. You can also join your local Tree Canopy Advocates group. See their website for further information: WATCA – Western Australian Tree Canopy Advocates.