Gum tree illegally cut down at Klemzig home, Adelaide tree lopper Levi Kinsman fined – for second time

A tree removalist had been fined – again – along with a developer after the illegal removal of a 50-year-old gum tree outside an Adelaide home.

An Adelaide tree removalist has received a hefty fine after cutting down a 50-year-old river red gum without approval.

Levi Daniel Kinsman faced the Environment, Resources and Development Court last month after he was found guilty of contravening the Planning, Development and Infrastructure Act by illegally destroying the tree at a Klemzig home in 2024, in Adelaide’s northeast.

The court heard the property owner – who, like Kinsman, had been taken to court by Port Adelaide Enfield Council but instead pleaded guilty to the same offence – owned the land since 2023 and inquired with company CTL Services seeking the removal of the tree.

That company, Judge Michael Durrant noted, undertook an inspection and told the man the tree “required removal” for a fee of $15,000.

“On June 17, 2024, the tree was removed,” Judge Durrant said. “Mr Kinsman cut down the tree. Following the removal of the tree, (the man) received a letter from the council stating that the tree had been illegally felled.

The tree before …

… and after at the property. Pictures: Courts SA

“He (the man) does have some development experience, but in this case sought advice from an apparently reputable company experienced in providing advice about significant trees.

“This is not a case of either a deliberate disregard for the law, or any recklessness. (The man) has taken responsibility for this offending, albeit in context he was trying to do the right thing.”

“I have also been provided with photographs of the tree before its removal. It is a fine and attractive example of its type and it was prominent in the location on a corner, and it did add significantly to the amenity of the area.”

Judge Durrant acknowledged the man – who has since agreed to pay council’s $12,000 legal costs – was a man of “good character”, whose offending was “not trifling”.

He exercised his discretion not to record a conviction, and imposed a single fine of $5400.

Kinsman, though, was ordered to pay a fine of $10,000 – with Judge Durrant noting a previous conviction in the same court.

Judge Durrant said “any injustice” to Kinsman in proceeding with sentencing in his absence was a “consequence of his failure to attend”.

“When this matter was called on for submissions today, Mr Kinsman continued to fail to attend,” he said.

“I am satisfied that Mr Kinsman was – at the time – in the business of undertaking tree felling for fee and profit.

“This is offending that is often difficult to detect and prosecute, and it is expensive for local authorities to operate compliance programs in order to detect breaches.”

Originally published as Gum tree illegally cut down at Klemzig home, Adelaide tree lopper Levi Kinsman fined – for second time