Tree lopper Mike Fatu fined over felling of gum overhanging proposed swimming pool

A tree lopper has been fined for cutting down a large gum tree that was overhanging a fence where an eastern suburbs resident wanted to install a swimming pool.

A tree lopper hired to remove a large gum tree overhanging an eastern suburbs landowner’s proposed swimming pool has been fined $7000 for damaging the “regulated” tree.

All State Tree Works owner Mike Fatu, 40, was hired by a builder to “remove” a River Red Gum or similar Eucalypt species which was overhanging a fence line at Gordon Tce, Rosslyn Park.

He was sentenced in the Environment, Resources and Development Court after earlier pleading guilty to a charge of damaging a regulated tree in an action brought by Burnside Council.

In sentencing, Judge Michael Durrant said the tree, which had a stump circumference measuring 2.07m, was a regulated tree under the Planning, Development and Infrastructure Act and its removal required development approval.

“It was removed for the convenience of the owner of 42 Gordon Terrace and a swimming pool development planned on that land,” he said.

He said members of the public complained to the council after spotting workers from Fatu’s company near a woodchipper cleaning up leaves and branches on November 22, 2022.

A river red gum in Victoria similar to the one which was felled at Rosslyn Park.

He said Fatu had not personally inspected the tree, which was his usual practice, due to a family member’s medical appointment and instead “deferred” the work to his employees.

Judge Durrant said that given the size of the remaining stump “even an inspection from the verge would indicate it should be checked”.

“Its status was easily ascertainable,” he said.

A “regulated” tree has a trunk with a circumference of 2m or more when measured 1m above ground, while a “significant” tree has a trunk circumference of 3m or more.

Judge Durrant said Fatu, who was paid $2000 for the job, and others must be deterred from similar conduct to protect significant trees from unlawful clearance.

“As an experienced operator of the tree and removal business the community relies on you to perform your due diligence and ensure any clearance you undertake is lawful,” he said.

“The whole community should be aware of this offending to protect significant trees and the integrity of the planning regime and to deter you and others from future unlawful removal of significant trees.”

Burnside Council chief executive Chris Cowley said the council was “serious about safeguarding our urban forest” and would “not tolerate” illegal tree felling.

“This illegal behaviour is not acceptable in our community and anyone can help by giving information to Council if you see anyone damaging a tree,’ Mr Cowley said.

After a discount for his plea, Judge Durrant convicted and fined Fatu $7000.