Sydney's tree police ready to flex muscle on vandals

Sydney Morning Herald

22-04-2025

That means, under the proposal, a corporation that illegally poisons 12 trees at a large development site would be fined up to $216,000 – that's $18,000 a tree.
To crack down on those who poison trees as a loophole to easily develop land with dead vegetation, the government proposes to change the requirements of planning certificates to include any instances of proven illegal tree clearing.
While not included in this round of planned reforms, the state government has also flagged potential changes to lower the burden of proof needed for councils to prosecute tree vandals, and in extreme cases the Department of Planning will consider if jail terms are appropriate.
Councils can pursue a potential maximum fine of $1 million for individuals and $5 million for corporations in the Land and Environment Court; however, these instances are rare.
Inner West Council is gathering information and hopes to secure a prosecution for the destruction of four magenta lilly-pillies at Allman Park last December.
Loading
A man was snapped drilling a hole into the tree and carrying a petrol can – appearing to be destroying the trees in a practice that has him nicknamed by arborists as 'the Makita borer' pest. The Herald has chosen to obscure his identity for legal reasons.
Locals say trees in the same park have been destroyed in the past, including a large gum nicknamed Bluey. Councillor Jo Carlisle said the impacted trees would be replaced.
'Council staff are preparing a brief of evidence for potential prosecution through the courts and are seeking legal advice on whether the costs of removal and replacement can be included in any potential prosecution,' she said.
In Castle Cove on the lower north shore, a 'barren wasteland' remains where there were once more than 250 thriving trees, including an 80-year-old angophora, but there is little hope that those responsible will be held to account, Willoughby Mayor Tanya Taylor said.
Loading
Taylor said while this incident was the most extreme, her council area is experiencing a problem with home owners destroying trees in their backyards and on verges.
In Waverley Council there have been three reports of tree vandalism since November last year. In a recent case at Tamarama, a cluster of 30-year-old palm trees was poisoned on a private property.
Waverley Mayor Will Nemesh said the council was limited by enforcement mechanisms.
Minister for Planning Paul Scully said the proposed changes would better protect the existing tree canopy, especially as the state government's housing reforms lead to increased density in urban areas.
The government is also releasing the Cooler Places hub – a resource where town planners, developers and councils can get advice on how to incorporate cooling measures, including trees and shrubs, into their homes and developments.
'NSW records some of the hottest temperatures on the planet and we need to minimise the impacts of urban heat and build climate resilience. Tackling illegal tree clearing is an essential part of this,' Environment and Climate Change Minister Penny Sharpe said.
The consultation period for the proposed changes is open until June 4.