$22,500 FINE BUT TREE LOPPER SAYS THEY'RE DANGEROUS
Article from The Sunday Mail (SA) of 6th February 2011. Source of picture Sunday Mail (SA)
AN ADELAIDE tree lopper has declared war on suburban eucalypts, landing him with a
$22,500 fine.
Grant Carlin swears he loves trees but says gum trees should not be allowed anywhere near roads, homes or children's play areas.
His fight has left him with a $22,500 fine for cutting down a river red gum at Kilburn last April.
He pleaded guilty to "undertaking development" without authorisation - an offence under the Development Act - but told the Environment, Resources and Development Court it was a "bad law".
Under the Act, development plans define "significant trees" for different geographical areas. They must not be damaged or cut down without council approval.
He said the tree - with a 3.4m circumference - had dropped a branch on a building on Churchill Rd, loosening asbestos.
"I was guilty of breaking the law. Was I guilty of doing something wrong? You tell me," Mr Carlin said.
"The original intention of the law is to protect beautiful,
healthy trees. But even a gum tree with no problems is dangerous
because, in its perfection, it is a problem. This tree was healthy but the real
issue was that its branch did break."
Mr Carlin, 47 (pictured at right), of Waterloo Corner, was reported to Port Adelaide Enfield Council by a resident who noticed the tree being lopped.
Mr Carlin said he had been referred the contract to remove eight trees by waste management company Veolia, which is based on the site.
He told the Sunday Mail he did not care about the fine because large gum trees were dangerous and the law regarding so-called significant trees was inflexible. Mr Carlin said he had been working in the industry for 20 years and had come to know trees. He said that in his experience, some council arborists did not do thorough analyses of trees when preparing reports on whether tree removal should be approved.
"If there was a study done, I would assume that you'd come to understand gum trees shouldn't even be allowed in suburbia," Mr Carlin said. "If you have a gum tree near your house, the council should force you to chop the sucker down."
Fulham Gardens retiree Margaret Martin, 71, has been fighting Charles Sturt Council for years to have a lemon-scented gum removed from her front yard. The tree has dropped 14 significant branches since 2003.She said she supported Mr Carlin's quest to have the trees removed from suburban homes.
Mrs Martin said two branches had dropped on the road, one had taken out her letter box and one had narrowly missed her husband Alan while he was watering the garden.
"They just come down without warning. You don't have any idea that they're about to drop," she said.
"I don't think they should be where children could be playing and definitely not in a suburban garden," Mrs Martin said.
She said she was currently preparing a third application to have the tree removed.
A government spokesman did not respond to a request for comment.
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