17 August 2007

On Thursday 16 August 2007 in the Mullumbimby Local Court a Byron Shire resident was found guilty for the removal of ten Tallow Wood trees on a rural property located at Tyagarah.

The man was convicted for the criminal offence of development without consent and fined $7,500. He was also ordered to rehabilitate the site at a cost of $2000 and pay Council’s legal costs of $660.

It was revealed in court that the trees were most likely cut down for the purpose of improving the view of the dwelling that the man was residing in at the time. During sentencing, Local Court Magistrate Jeff Linden indicated that this type of offence is a serious matter and such matters will be dealt with accordingly.

New laws allowing the Land and Environment Court to hear tree disputes between neighbours will come into force next week, Justice Brian Preston, the court’s Chief Judge, announced today.

Justice Preston said the Trees (Disputes Between Neighbours) Act 2006 would give the court the power to achieve cost effective resolutions to tree disputes between neighbours in urban areas.  “In particular, the Act enables an owner of land to apply to the court for an order to remedy, restrain or prevent damage to the owner’s property, or to prevent injury, as a consequence of a tree situated on adjoining land,” Justice Preston said.

“The court will also be able to order compensation for damage already caused by a tree situated on adjoining land,” Justice Preston said.

Please be advised that the new Australian Standard for the Pruning of Amenity Trees has been released (AS4373-2007).

For Council officers who grant permission for pruning we can no longer just state that the approved pruning works shall comply with AS4373. We now have to state what pruning type and classification are to be complied with and percentage of canopy etc. e.g. Crown modification – reduction pruning.