Fines for illegally clearing trees would triple in some cases under a state government plan to tackle Sydney’s plague of tree vandals, as some councils struggle to secure prosecutions years after waterfront trees were destroyed.
The plan, which is now open to community feedback, would mean fines for an individual would rise from $3000 to $6000 depending on the age of the tree, and fines for corporations would triple to up to $18,000 for a single tree.
Vandals destroyed 265 trees covering an area the size of 14 tennis courts in Sydney’s Castle Cove in the middle of 2023.Credit: Nick Moir
Furious Ashfield residents have erected a “tree graveyard” in the spot where at least four trees were destroyed late last year by someone the locals dub “the Allman Park serial killer”. Inner West Council is investigating a potential prosecution.
Two years after 250 trees were illegally destroyed in the waterfront H. D. Robb Reserve at Castle Cove, Willoughby City Council has given up hope of punishing the culprit due to a lack of evidence.
In Longueville, where almost 290 trees were destroyed in 2023 in the council’s worst-ever act of tree vandalism at the waterfront Woodford Bay Reserve, an investigation continues and fines are yet to be issued.
After meeting with mayors from across NSW, the state government found that home owners and corporations view the paltry fines as simply the cost of doing business when millions of dollars stood to be made by improving views.
A tree graveyard in Allman Park, Ashfield. Credit: Facebook
The major change to current penalties would be the introduction of a tiered system of fines, meaning the older and larger the tree, the higher the fine. The government also wants to encourage councils to deal out fines per tree, rather than per incident.
Repeat offenders and those who clear trees in heritage, foreshore and nature reserve areas would also be subject to higher fines.
That means, under the proposal, a corporation that illegally poisons 12 trees at a large development site would be fined up to $216,000 – that’s $18,000 a tree.
Inner West Council says it is aware of a photo taken by a local showing a man appearing to drill into a tree at Allman Park. Credit: Facebook
To crack down on those who poison trees as a loophole to easily develop land with dead vegetation, the government proposes to change the requirements of planning certificates to include any instances of proven illegal tree clearing.
While not included in this round of planned reforms, the state government has also flagged potential changes to lower the burden of proof needed for councils to prosecute tree vandals, and in extreme cases the Department of Planning will consider if jail terms are appropriate.
Councils can pursue a potential maximum fine of $1 million for individuals and $5 million for corporations in the Land and Environment Court; however, these instances are rare.
Inner West Council is gathering information and hopes to secure a prosecution for the destruction of four magenta lilly-pillies at Allman Park last December.
A man was snapped drilling a hole into the tree and carrying a petrol can – appearing to be destroying the trees in a practice that has him nicknamed by arborists as ‘the Makita borer’ pest. The Herald has chosen to obscure his identity for legal reasons.
Locals say trees in the same park have been destroyed in the past, including a large gum nicknamed Bluey. Councillor Jo Carlisle said the impacted trees would be replaced.
“Council staff are preparing a brief of evidence for potential prosecution through the courts and are seeking legal advice on whether the costs of removal and replacement can be included in any potential prosecution,” she said.
In Castle Cove on the lower north shore, a “barren wasteland” remains where there were once more than 250 thriving trees, including an 80-year-old angophora, but there is little hope that those responsible will be held to account, Willoughby Mayor Tanya Taylor said.
Taylor said while this incident was the most extreme, her council area is experiencing a problem with home owners destroying trees in their backyards and on verges.
In Waverley Council there have been three reports of tree vandalism since November last year. In a recent case at Tamarama, a cluster of 30-year-old palm trees was poisoned on a private property.
Waverley Mayor Will Nemesh said the council was limited by enforcement mechanisms.
Minister for Planning Paul Scully said the proposed changes would better protect the existing tree canopy, especially as the state government’s housing reforms lead to increased density in urban areas.
The government is also releasing the Cooler Places hub – a resource where town planners, developers and councils can get advice on how to incorporate cooling measures, including trees and shrubs, into their homes and developments.
“NSW records some of the hottest temperatures on the planet and we need to minimise the impacts of urban heat and build climate resilience. Tackling illegal tree clearing is an essential part of this,” Environment and Climate Change Minister Penny Sharpe said.
The consultation period for the proposed changes is open until June 4.
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