Former NSW transport secretary Rodd Staples refused orders to clear trees before sacking

Transport for NSW secretary Rodd Staples rejected demands from Transport Minister Andrew Constance to clear “millions” of trees along state highways shortly before he was sacked.

Former NSW secretary of transport Rodd Staples. Picture: AAP

Transport for NSW secretary Rodd Staples rejected demands from Transport Minister Andrew Constance to clear “millions” of trees along state highways shortly before he was sacked for “no stated reason” and given a six-figure payout.

New documents tabled in NSW parliament show Mr Constance in February 2020 requested Mr Staples clear every tree within 40m of a state highway be cleared “in light of the recent catastrophic fires”.

“During the recent bushfire crisis in NSW, the Kings Highway — which serves as the main link between Canberra and the south coast — was closed for significant periods of time,” Mr Constance wrote. “This was predominantly due to over 1200 bushfire affected trees that were deemed hazardous to safety and which had to be removed”.

But Mr Staples, in a response sent several months later, made other recommendations and ended with a blunt message that it would likely be unlawful to remove the trees.

“In response to Minister Constance’s specific request to establish a 40m clearance zone, TfNSW has limited power to establish a 40m clearance zone under the Roads Act 1993,” Mr Staples wrote on July 31, 2020.

Andrew Constance, left, and Rodd Staples in 2019. Picture: AAP

Mr Staples was sacked on November 17 after a 15-year career in the bureaucracy. He will pocket $837,584 in compensation.

Mr Staples left Transport for NSW this week.

“I accept this termination on the basis that there will be no negative formal or informal statements made about my performance and its relationship to my termination,” he wrote to Department of Premier and Cabinet secretary Tim Reardon at the time of his termination.

“My documented performance, including my recent performance review with the Premier, has been above satisfactory with no performance issues raised.”

Labor’s finance spokesman, Daniel Mookhey, said it was wrong for Mr Constance to “effectively order his department to destroy millions of trees through massive broad based land clearing”. “It reeks of an abuse of power to then fire (Mr Staples) after he warned the order might have been illegal”.

Mr Constance has not disclosed why Mr Staples was sacked, but told a parliamentary hearing on Thursday that it was not “particularly acceptable” his directions were not followed.

“I think the point that I would make is that what has gone on there is a classic example of what needs to change,” Mr Constance said. “I didn’t want, god forbid, kilometres of traffic build-up when a wildfire might hit them and we lose hundreds of Australians.”

Mr Constance’s office declined to comment.