Tree Vandalism

Trees are a community asset, part of our natural heritage. Trees benefit the community now and our children in the future. Trees are highly valued by Council, with substantial resources dedicated to planting and maintaining the Urban Forest. City of Burnside has been recognised internationally as a Tree City of the World. 

Council is committed to protecting the Urban Forest and holding those responsible for vandalism accountable to the full extent of the law. In the past, Council has successfully prosecuted for damage to trees. 

Penalties apply

The pruning, alteration or removal of a street tree without Council approval is illegal. For damage to a street tree, the courts can impose a maximum penalty of $5,000 and record a criminal conviction.

Fines of up to $120,000 may apply if a person undertakes work on a regulated or significant tree without approval.

On other Council land (eg Council reserves), any person that interferes with a plant (including a tree) without Council consent can incur a maximum penalty of $1,250.

SA Police may also pursue conviction for damage to property under the Criminal Law Consolidation Act. 

Successful prosecutions are the only way to deter tree vandalism and send a message that it is not OK to damage our urban canopy. If you have ANY information about tree vandalism incidents, please contact our Customer Service team on 8366 4200 or burnside@burnside.sa.gov.au.

Recent events

Recent events of tree vandalism are listed below. Any information about these events would be gratefully received by Council. 

Auldana North Reserve, Auldana - information needed

This reserve features vegetation native to the area, supporting local native wildlife and providing a natural park for the community. Volunteers from Trees for Life have cared for the site for over 20 years.  

During mid-2023, up to 50 trees were chopped down in Auldana North Reserve, clearing around 1,200 square metres of land. This clearance was illegal. Chainsaws were used to fell the trees and the debris was left at the site. 

Council is installing signage at the site and raising awareness of the vandalism. Council is also clearing the debris so that the trees and understory can naturally regenerate. Natural regeneration will take many years. Additional trees will also be planted in nearby areas to offset the loss of trees at Auldana North Reserve. 

This work at Auldana North Reserve is supported by the Government of South Australia.

Darrell Avenue, Wattle Park - information needed

The City of Burnside is seeking information from anyone who may have witnessed, or taken photos or videos, of the unauthorised and illegal pruning of a regulated street tree on Darrell Avenue, Wattle Park on Thursday 3 August 2023. The tree that was illegally pruned was a Claret Ash (Fraxinus raywood) adjacent 6 Darrell Avenue. As can be seen by the photos, the damage was extensive and an individual can be seen committing the offence.

The pruning, alteration or removal of a regulated street tree without Council approval is illegal. For damage to a street tree the maximum punishment for this illegal activity, the courts can impose a $5,000 fine and record a criminal conviction. As this is a Regulated tree, fines of up to $120,000 may apply.

 

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’.

Fort Avenue, Kensington Gardens - prosecution achieved

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 this 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.

Above: 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.

Significant tree cut down on private land - prosecution achieved

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 3 m 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, Corymbia, Angophora 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 10 m of the house.

An arborist, who was engaged to assess the removal of the tree, incorrectly identified it as a Spotted Gum (Corymbia maculata) 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.

Regulated and significant trees

Trees across metropolitan Adelaide are determined as regulated and/or significant either by being individually listed in the Planning and Design Code, or by meeting criteria prescribed in Regulation 3F of the Planning, Development and Infrastructure (General) Regulations 2017 (the Regulations).

Regulated trees

A regulated tree has:

• A single trunk with a circumference of 1 m or more, when measured at 1 m above natural ground level.
• Multiple trunks with a total circumference of 1 m or more and an average circumference of 310 mm or more, when measured at 1 m above natural ground level.

Significant trees

Listed as a Significant Tree, within the Planning and Design Code; and/or has:

• A single trunk with a circumference of 2 m or more, when measured at 1 m above natural ground level.
• Multiple trunks with a total circumference of 2 m or more and an average circumference of 310 mm or more, when measured at 1 m above natural ground level.

Sydney Blue Gum vs Spotted Gum

At 27 m 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.

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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.

The buds are also different, but probably only to a trained botanist's eye. The leaves of Spotted Gum are the same shade of green (then brown) on both sides, whereas those of Sydney Blue Gum are slightly paler on the underside.