Prosecution for street tree removal
A successful prosecution for the illegal removal of a street tree was announced at Adelaide Magistrates Court on 21 July 2023 in a landmark first for the City of Burnside.
Burnside’s award-winning urban forest is considered a community asset and is critical in curbing the disastrous effects of heatwaves in urban environments, reducing air pollution, providing habitat for birds and wildlife, supporting mental health and wellbeing, and providing green spaces for the community to enjoy and feel proud of. As a Tree City of the World, Burnside is passionate about protecting the urban forest at time when there is constant pressure from developers to remove trees.
In April 2021 a mature seven year old Golden Rain tree (Koelreuteria paniculata) was removed on Fort Avenue, Kensington Gardens. A resident witnessed the tree being cut down with a chainsaw and, after discovering that the removal was not approved by Council, took photographs and notified the City of Burnside of the incident. Council investigated and with enough evidence to prosecute, issued a summons for the matter to be heard in court in April 2022.
After a two year case, City of Burnside CEO, Chris Cowley, was happy with the outcome that was successful largely because of a supportive resident and Council’s passionate Urban Forest Team.
‘It’s been a long and protracted case taking a year to investigate and a further year in the courts,’ Mr Cowley said. ‘It would never have been successful without the quick thinking of the resident who witnessed the incident and reported it to Council.’
‘I cannot thank this resident enough for the care they have shown in protecting the City’s urban forest. Without the evidence, and the unwavering passion of Council’s Urban Forest Team to see the case through, we would not have been successful.’
‘I hope that this example highlights the seriousness of the issue and the commitment from Council to take strong action to safeguard the urban forest,’ Mr Cowley said.
Senior Urban Forestry Officer Chris Hawkins said that this is a rare win in the battle to preserve the urban forest for future generations.
‘I’ve worked as an arborist for 10 years and this is the first successful street tree prosecution that I know of,’ Mr Hawkins said. ‘Putting this into perspective, Council received 50 recorded incidents of people cutting down or poisoning street trees in the last year. A large proportion of these are linked to new developments.’
‘Each year we plant almost 1000 new street and reserve trees, but we’re losing so many as well. Without solid evidence it is notoriously difficult to prosecute this illegal activity.’
Chris Cowley asked the community to help Council defend the urban forest by reporting any tree damaging activity and even gathering evidence.
‘We need everyone to know that this illegal behaviour is not acceptable in our community and that anyone can help by giving information to Council,’ Mr Cowley said. ‘Photographs and statements are what can really change the outcome.’
In the recently concluded case, His Honour Magistrate Dixon found the defendant guilty of the offence and imposed a fine of $500. The Court also ordered the defendant to pay the Council’s court costs of $5,708 and a $262 payment of a Victims of Crime Levy.
As the maximum punishment for this illegal activity, the courts can impose a $5000 fine and record a criminal conviction.
Left: A new juvenile tree (Koelreuteria bipinnata) stands in the spot of the original tree joining over 40,000 trees in the urban forest that keeps Burnside’s streets cool, captures and stores carbon from our atmosphere, and provides food and homes for wildlife. The trees standing either side indicate what the size of the original tree would have been.
