Illegal tree removal well spotted
Do you know the difference between a Sydney Blue Gum and a Spotted Gum? Do you know what trees on your property are protected by legislation?
The answers are more important than you think.
Regulated and significant trees, even on privately owned land, are protected in South Australia, and it is illegal to prune, kill, lop branches, top, ringbark, cut down or damage the root system of these trees without development approval.
However if a regulated tree is located within 10m of a dwelling or in-ground swimming pool, it can be damaged or removed without development approval (as per the Regulations). The exception to this instance is if the tree is a species of Eucalyptus or Willow Myrtle (Agonis flexuosa).
Before carrying out any work on protected trees, contact Council to find out more about your tree. Unapproved activities affecting regulated and significant trees could attract court penalties up to $120,000, or even a criminal conviction.
The Sydney Blue Gum vs Spotted Gum question - although both species are called 'gums', only one is a eucalypt.
Earlier this year, a regulated Sydney Blue Gum was cut down on private property in Beaumont without consent. The tree was growing within 10m of the house.
An arborist, who was engaged to assess the removal of the tree, incorrectly identified it as a Spotted Gum (Corymbia maculate) rather than a Sydney Blue Gum (Eucalyptus saligna).
However, the tree was listed on the Council's register of significant trees and thus protected by legislation. In this case, the arborist had failed to check the status of the tree.
The Environment, Resources and Development Court fined and recorded a conviction against the arborist who removed this tree.
The Court fined the defendant $8,000, discounted by 35 per cent given the early guilty plea, thereby reducing the fine to $5,200. The Court also ordered the defendant to pay the Council's court costs of $2,725.07 and the payment of a Victims of Crime levy.
His Honour Judge Durrant noted that this sentence should be considered a deterrent for anyone who is considering damaging a protected tree; and that it is important in cases such as these that customers who engage arborists should be able to rely upon their expertise to "get it right" when it comes to an understanding the governing legislation relating to protected trees.
Sydney Blue Gum vs Spotted Gum
At 27m in height and a crown diameter of 18m, this tree was cut down as it was within 10m of the house, and potentially as the tree was wrongly identified as a Spotted Gum. At first glance, the tree species appear similar; however, a closer look at the fruits and leaves reveals a different story.
Above: the Sydney Blue Gum growing on private property that was illegally cut down.
Above: an example of a Spotted Gum.
Above: A photo illustrating the difference between Spotted Gum (Corymbia maculata) debris (left-hand side) and Sydney Blue Gum (Eucalyptus saligna) debris (right-hand side).The Spotted Gum fruits (gum nuts) are larger, more rounded, and have valves hidden within the fruit. The Sydney Blue Gum fruits are cone-shaped, and the valves are raised beyond the rim.
