Thread: home milling on your own property?

It very much depends on what the rules are in that area. As far as clearing for a residence, that would be part of the terms of the building approval.
Most timber has its uses. When you say sort after, it becomes a very wide field.

So is logging more dependent on council bylaws as opposed to a state piece of legislation?

I guess the timbers I'm after are those I can use for stuctural purposes, or valuable timber i can perhaps trade for other timbers for crafting and making things.

I've heard there are alot of pine plantations in bilpin..

Yes, pine is a declared noxious weed here. No Council permission required to fell it. Heavily planted as windbreaks back in the 60's and 70's. Nice mature stuff. All other timber is protected by tree preservation order. Most of our milling timber comes from other areas with the addition of local windfalls and clearing permits. There are quite a few older exhibition gardens with some furniture type exotics which mill well for furniture, when they become available. The main gums in this part of the country would be Sydney Blue, Flooded, Grey, Stringy, Ironbark, Grey Box, Forest Red, Mountain Ash and Turpentine. Native furniture timbers Blackwood, Coachwood, Sassafras, Beech and Cedar. Keeps me busy.

The legalities are an absolute minefield with every government department 'trying' to assert rights over your own property that you paid for.

However the basic principle is that:

1. The Australian Constitution overrides all other laws if inconsistent with it.
2. Commonwealth law overrides state law if there is an inconsistency.
3. State law overrides council law.
4. Common law has more power than a lot of people think.

Unfortunately, the legal system being what it is, the various government departments will try to fight you at every chance, to assert their dominance over you.

I suggest as a first port of call, to read the Australian Constitution - it is an easy read, and you will learn lots. With this under your belt you can disarm a lot of situations.

Additionally, we also have some legal eagles/barristers as members here. Perhaps they can chime in on this topic?

Only problem with that is, Commonwealth law often directs to see State law. State law often leaves it up to Local Council, as each area has differing requirements. Oh yeah, one other problem...You've got to own a bank to fight the balfasteds.

The legal advice that I have received is as follows:

It is reproduced as received and is applicable to Victoria, however I assume that other States would have similar legislation.

Statute law is subject to Common Law so any inconsistent Statute law is invalid as per section 109 of the Commonwealth Constitution.

All land ownership and freedom to do as you please on that land falls under, in Victoria, the Property Law Act 1958 and section 18A lays out Fee Simple which gives you absolute freedom to do as you please.

The local council have no powers outside that of the Constitution and section 111 (2) (3) of the Local Government Act spells that out clearly.

Councils are bound under what used to be called the Trade Practices Act 1974 and now is know as the Competition Consumer Protection Act 2010 under section 2BA.


Local Government only have power through your consent.

Make of this as you will.

hmm thanks for your input!
might have to ask a law student i know.

dont want to ask a solicitor because he'll probably bill me!

Try www.clrg.info they have essentially free meetings (small donation for tea/coffee/biscuits) in most capital cities. You will learn much more than the law student.

In the 45 years I have been in the timber industry, I have never seen anyone win a case over a tree preservation order violation.
Maybe there is a bit more to it than what is being proposed here.

Why not ring the council in the area you wish to buy and just ask?

Once they give the ok, get it in writing. Then when buying, get the solicitor to ensure its true as part of the sale.

Simple

When we first started planning our house on our 1.1 hectare block, I had the building inspector from the council over to pick his brains about a few things. I started talking about trees and he immediately stuck his fingers in his ears and sang 'la la la la'.

Hope that helps

Originally Posted by ftssjk

G'Day.

Im thinking of purchasing a rural property some time down the line and i was wondering on the legality of felling timber on my property,
and using a chainsaw mill set up to produce slabs or dimensional timber to build stuff with.

The land itself would also be used for other purposes so it wouldnt just be used for felling.

Is it covered up in red tape? and the case being if a tree falls in the forest and noone else hears it, it never fell?

How about clearing the land on the property for a building site?

And what are some of the more sought after species of wood grown in NSW?

Cheers,

Truth be told, YOU have to find out for yourself from the horses mouth for the property you are going to buy. Not going to get far with the defence "the guys on a forum said this was ok!"

In WA it depends on the species and what you plan to do with it and there will be variants of the same law under state legislation in other states.
The way the law is written is probably unnecessarily complicated but the intention is to prevent wholesale flogging off of native flora.

In WA if it is one of the WA native species and you plan to sell logs or timber you will need permits.
If it's spotty or other eastern states weed you will be OK.
If it's a couple of trees amongst hundreds no one will usually notice, if it's a constant stream of logging trucks leaving your property chances are someone will raise a flag.

In your post you say it is for personal use - unless it's a tree under a preservation order you should be OK to cut down a couple of trees.

My non-greenie mate with the couple of hundred acres of bush down south cuts down one tree and plants a dozen to replace it. He's planted over 1000 native species on his property and distributed thousands more seedlings to neighbours.
If more landowners operated like this we'd all be better off.

But as others have said you need to get local advice.

Thanks for the replies, ill ring around the appropiate council for the properties im interested in purchasing