By Sahar Foladi
A proposed local law to protect trees on private land has attracted a swarm of resident queries at a Greater Dandenong Council meeting.
The introduction of the proposed law would mean locals will require a permit to remove trees with a stem diameter equal or greater than 40cm measured 1.4m above ground level on private property.
According to the council, this proposed local law is needed to protect and enhance the municipality’s tree canopy as research shows the decrease of canopy coverage at a high rate in the municipality.
However, the Greater Dandenong Environment Group (GDEG) has criticised the local law labeling it “Swiss Cheese.”
The president of the group, Isabelle Nash, who was among several residents raising the tree law at the 22 May meeting, said it was a “weak law.”
“The proposed Greater Dandenong tree protection local law is a law we all believe is not strong enough and has loopholes that need to be fixed before it can be effective,” Ms Nash said.
Locals can access a permit application form on the council website with a permit cost of $220 for protected trees.
Ms Nash said that the local law needs to be affordable.
City planning and design director Jody Bosman said, “The final report with officer recommendations to council is still being worked on, and amongst the many matters still under consideration is the that of the permit application fee.”
A permit will not be required under the Greater Dandenong Planning scheme permit, for pruning, in an emergency or if the tree is declared a noxious weed.
Ms Nash argues these exemptions make the law unenforceable.
“It only applies to trees that are over 10 metres high, which is a major problem as only two per cent of trees on private land in Greater Dandenong are over that height.
“Also, if a tree is dead, the local law won’t apply. So why illegally remove your tree when you can kill it first and then claim to the Council it was dead?”
Mr Bosman answered this question brought up by Ms Nash in the council meeting.
“It’s not a case of a tree was dead, so be it. Not at all.
“We will investigate and if we can determine it was interfered with, prosecution will be on the cards.”
Council officers will lead the investigation into these cases and according to Mr Bosman a massive fine had been issued in the Shire of Yarra Ranges in a similar case.
If found in breach of the Greater Dandenong local law residents could face a fine up to $3698.40.
Mr Bosman said depending on the severity, re-planting of the tree may be sought in addition to the fine.
The level of the fine would be decided by the Magistrates’ Court, according to Mr Bosman.
“I’m pleased to say that in recent times the Magistrates’ Court has taken a strong view on the illegal removal of trees.
“Some of our neighboring municipalities have been prosecuted before the courts and they have imposed fines far in excess of what the council is allowed.”
The GDEG is urging the council to introduce a strong local law similar to Cities of Kingston and Frankston.
“The local laws in Kingston and Frankston are hardly the toughest in Melbourne but at least they would apply to more trees and not have loopholes,” Ms Nash said.
Some councillors have opposed the proposal due to the restraint of private property rights. There were also concerns over residents being slugged for costly permits and arborist reports.
Mr Bosman said council officers are reviewing public submissions.
“Council officers will be tabling a report to Council in June to determine the future direction of the proposed local law.”
