Environment

What are the penalties for a breach of the Tree Management Order?

The Tree Management Order prohibits the injury, pruning or removal of any tree without the written consent of Council.

Injury, pruning, or removal includes; ringbarking, poisoning, cutting down, lopping, topping, pollarding and transplanting of established trees.

It also includes severing of any roots greater than 30mm in diameter, landscape or building work that involves building-up or changing soil levels within the dripline area.

The 'dripline' area is the area of ground vertically below or within the spread of the canopy or branches. Large-scale filling within this area is likely to cause damage to tree roots that may in turn cause tree death or instability over time.

Note: The dripline of the leaf canopy usually corresponds at least to the limit of roots.

Also prohibited are actions causing damage to the tree's trunk, including drilling or boring, other than for the purpose of pest treatment or hazard assessment by a qualified professional.

Unauthorised tree works are quite often brought to Council's attention by concerned residents. These are investigated promptly, and, if appropriate, legal action commenced which can result in a substantial fine.

In addition, a Court may direct an offender to plant new trees and maintain them to mature growth, as well as providing security for the performance of this obligation. Both the property owner and any other person who authorises or carries out unauthorised works may be liable to prosecution.