Bushfire clearing rules in Western Australia: firebreak notices under section 33 of the Bush Fires Act 1954
In Western Australia each local government issues its own firebreak notice under section 33 of the Bush Fires Act 1954. The notices set dates, firebreak widths, tree pruning heights and a penalty of up to AU$5,000, and they differ from council to council.
This page is for tree owners. It reports what the named sources say and is not advice about your tree: for that, ask a qualified arborist or one of the offices under Who to call.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It describes the guidance note that the Western Australian Local Government Association (WALGA) and the Department of Fire and Emergency Services (DFES) wrote together, which sets out section 33 of the Act, and the 2026 to 2027 firebreak notices of the City of Albany and the Shire of Ravensthorpe, as read on October 9, 2026. It covers WA only and those two councils as examples: every other local government publishes its own notice. Victoria works differently, as the guide to Victoria's 10/30 and 10/50 clearing rules sets out.
What section 33 says
The guidance note reproduces section 33 of the Act. A local government may give written notice to an owner or occupier, or give notice to everyone in its district by publishing it in the Government Gazette and a local newspaper. The notice can require them, within a time it names, to plough, cultivate, scarify, burn or otherwise clear firebreaks of the dimensions it specifies and keep them clear of inflammable matter, and to act on anything on the land that the local government or its authorised officer considers likely to help a bush fire start or spread. An owner or occupier who fails to comply with a notice is guilty of an offence with a penalty of AU$5,000. The local government may send an officer onto the land to carry out the work, and the costs can be recovered from the owner or occupier, by court action if needed.
The guidance note adds that notice content varies between local governments, that where a bushfire management plan is in place the owner or occupier needs to comply with the notice, and that it suggests a notice may require trees to be pruned so there are no branches within a stated height of the ground. The distance is left for each council to fill in.
Two councils compared
| Item | City of Albany, 2026/27 | Shire of Ravensthorpe, 2026-2027 |
|---|---|---|
| Dates | North East Sector: October 3, 2026 to April 30, 2027. South West Sector: December 1, 2026 to May 14, 2027 | Clear before October 31, 2026 and maintain through March 31, 2027 |
| Small residential lots | Under 1,000 square metres: slash, mow or trim flammable matter to no more than 50 mm; the notice says this does not include living trees, shrubs and plants | Under 4,000 square metres: clear all fire fuel, keep grass to 100 mm at most, and keep trees and shrubs in a parkland-cleared state |
| Firebreak size | Perimeter fire breaks: 3 metres wide with 4 metres vertical clearance, within 20 metres of the boundary | Larger residential lots: a three-metre firebreak inside all external boundaries; plantations: 15 metres, with five metres vertical clearance |
| Trees near buildings | Building Protection Zone: at least 3 metres wide; tree crowns or branches must not overhang the building, with at least 2 metres between branches and buildings | Asset Protection Zone around habitable buildings under State Planning Policy 3.7; its definition of Fire Fuel includes trees over 5 metres high within a 20 metre Asset Protection Zone that have not been under-pruned to 2 metres |
| Penalty named | An offence with a fine of AU$5,000 | An infringement notice of AU$250, and up to AU$5,000 on conviction; a Works Order may require compliance within 14 calendar days |
Other points the notices make
Both councils say their officers may enter private property without notice to check compliance. Ravensthorpe's notice says its last date for applying for a variation is October 1, 2026 and for an individual Bushfire Management Plan is September 1, 2026, and defines Parkland Clearing as mulching understorey ladder-fuel plants and thinning densely stocked overstorey plants to create open parkland. Albany's notice says plantation lots and tree farms must also follow the DFES Guidelines for Plantation Fire Protection, which Ravensthorpe's plantation section names too.
Who to call
- City of Albany: its Fire Management Notice 2026/27 and applications for a variation to it, for land in the City of Albany
- Shire of Ravensthorpe: its Firebreak Notice 2026-2027, variations and individual Bushfire Management Plan applications, for land in the Shire of Ravensthorpe
- Department of Fire and Emergency Services: the section 33 guidance note it wrote with WALGA and the Guidelines for Plantation Fire Protection that the Albany notice names
Sources
- Western Australian Local Government Association and Department of Fire and Emergency Services, Guidance Note: Section 33 Fire-break Notices (reproducing Bush Fires Act 1954 section 33), read October 9, 2026
- City of Albany, Fire Management Notice 2026/27, read October 9, 2026
- Shire of Ravensthorpe, Firebreak Notice 2026-2027, read October 9, 2026