Tree remover cut down by $11,000 fine

An Upper Main Arm property owner has been fined $11,000 after being convicted of removing 220 trees without seeking development consent from Byron Shire Council.

Byron Shire Council brought the action against the property owner in the Mullumbimby Local Court. The fine was handed down last Thursday (February 16).

Under the Environmental Planning and Assessment Act 1979 (NSW), it is unlawful to carry out development, which includes the use of land, without obtaining consent from the relevant Council.

Council’s governance manager, Ralph James, said the fine handed to the property owner would send a message to other property owners thinking about felling trees illegally.

“Council is committed to ensuring land in the Byron Shire is used in a sustainable way,” he said.

“Part of this commitment includes having a tree preservation order in place to ensure our natural environment is protected.

“The law does not allow individual property to remove trees arbitrarily. Anyone who does so risks court proceedings being brought against them.”

Mr James said the during the court hearing, the court noted the seriousness of this offence.

“The court noted that this was a serious example of this kind of conduct, given the scale of the tree removal and the property owner’s knowledge that consent was required for such an action,” Mr James said.

“The court’s view is reflected in the fact that when Council’s ecologist visited the property, the 220 trees removed included species used as koala habitat.

Mr James said the law relating to tree removal was designed to prohibited unsustainable practices while giving flexibility to property owners.

“There is ample scope under Byron Shire Council’s tree preservation order to remove trees that are deemed undesirable. This list contains more than 40 species. And there is no prohibition on pruning or maintenance of trees as part of regular gardening work,” he said.

“At the same time, the tree preservation order contains important protections for the natural environment. Council is committed to ensuring these protections are enforced.

Mr James encouraged residents to contact Council if they had questions about tree removal.

“If community members would like information regarding tree removal on their properties, they should not hesitate to contact council. Staff will be more than willing to discuss what can and cannot be done without development consent,” he said.