Council achieves successful prosecution for illegal felling
40 Gordon Terrace, Rosslyn Park – prosecution achieved
On Tuesday, 17 October 2023, the City of Burnside was victorious in gaining a successful conviction in a case before the District Court of Adelaide regarding the illegal felling of a regulated tree.
The action, which occurred on 22 November 2022, saw the illegal removal of a River Red Gum or similar eucalyptus by workers employed by All State Tree Works.
Council was fortunate that nearby residents reported the illegal action immediately to City of Burnside employees who were able to arrive on scene during the act and gather evidence in a timely manner.
City of Burnside CEO Chris Cowley said the damage to the City’s urban forest could not be ignored.
‘Our community in Burnside will not tolerate tree vandalism. We are serious about safeguarding our urban forest and this is another example where Council is committed to taking strong action to protect it,’ Mr Cowley said.
‘This illegal behaviour is not acceptable in our community and anyone can help by providing information to Council if you see anyone damaging a tree.
‘Photographs and statements are what can really change the outcome.’
His Honour Senior Judge Durrant recorded a conviction against owner of All State Tree Works, Mike Fatu who has also been fined $7000 and ordered to pay the following costs;
- court fees of $303.00.
- victims of crime levy: $262.00.
- the costs of the informant (City of Burnside) fixed at $1,667.57.
The $7000 fine will be paid to Council in addition to costs.
In his closing statement, His Honour Judge Durrant said: ‘I consider 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’.
