Adelaide mum avoids $120,00 fine for felling backyard tree
AN Adelaide mother has escaped a $120,000 fine for her part in the removal of a significant tree in her own backyard.
AN Adelaide mother has escaped a $120,000 fine for her part in the removal of a significant tree in her own backyard.
The incident has served as a warning to anyone thinking of removing big trees from their own yards with the Prospect Council now pursuing the company that cut down the peppercorn tree.
Fan Qian Kong, 34, has been ordered to pay a $4200 fine, prosecution costs of $1800 and a Victim’s of Crime Levy of $160 after pleading guilty to allowing the tree to be lopped despite the council declaring the tree significant.
Ms Kong escaped a conviction – and a maximum $120,000 fine – but has been ordered to plant a replacement tree.
Director for community and planning Nathan Cunningham told the Sunday Mail the illegal felling left council with little option but to pursue the matter through the Environment, Resources and Development Court.
“The decision of the court confirms council’s opinion that the tree-damaging activity was a serious breach of the Act, but one that resulted from the actions of the contractor engaged by the resident,” Mr Cunningham said.
The court heard that when Ms Kong and her husband bought the Cochrane St home in 2007 it had a large peppercorn tree growing in the rear yard.
Large roots had damaged a retaining wall on the neighbouring boundary, causing it to gradually collapse and the fence to fall over.
The tree often dropped leaves and, occasionally branches, resulting in complaints from neighbours, the court heard.
The couple then asked the council whether the tree could be removed.
The defendant’s husband was told by the council that the tree was significant and that it would be necessary to apply for approval for its removal.
However, the court was told the contractor the couple engaged, Elite Tree Services, informed them the tree was exempt from the need to obtain council permission – and the tree was cut down.
Mr Cunningham said residents should contact their council for advice on such matters.
“Our council has published a detailed information sheet that contains relevant information on significant trees that provides guidance on when approval would be required,” he said.
“No other residents have been taken to court in relation to significant trees in the past 12 months.
“This is an isolated incident, as community members and tree removal companies are generally aware of the laws protecting significant trees.”
Ms Kong pleaded guilty to permitting development to be undertaken without development approval, namely tree damaging activity, in the Environment Resources and Development Court of South Australia on April 6 this year.
Ms Kong and Elite Tree Services were unable to be contacted for comment.