NSW government proposes higher fines for tree vandalism, but councils say more needed for crack down
In Castle Cove, the community is still reeling from the destruction of 265 trees. (ABC News: Liam Patrick)
In short:
The state government has floated raising fines for individuals and corporations who illegally destroy trees.
Willoughby City Council and Lane Cove Council in Sydney's north shore say the proposal is welcome, but needs to address damage already done.
What's next?
The new proposals are open for public feedback until early June.
Harbourside Sydney councils impacted by mass tree killings have welcomed a proposal for higher fines, but say more needs to be done to stop offenders in their tracks.
The NSW Department of Planning and Environment says it is heeding calls from local government to intervene by raising penalties for illegal tree vandalism in a proposal currently up for public feedback.
Lane Cove Council Mayor Merri Southwood said while financial deterrents would make a difference, it was also vital to help councils find and convict vandals.
In late 2023, nearly 300 trees overlooking the harbour were chopped down in Longueville in Sydney's north in the "dead of night".
Lane Cove Council investigated the destruction of nearly 300 trees around Sydney Harbour. (ABC News: Gavin Coote)
Even after a thorough investigation which cost the council $70,000 — no one has been charged.
"We're in a situation where local government is constrained financially, resourcing is pretty tight and … there's a lot of council staff time going into investigating, and then there's the legal [costs] on top of it," Cr Southwood said.
"We're fairly close to being able to be confident enough that we have actually identified the perpetrator, but because the burden of proof at the moment is a criminal standard, it's beyond reasonable doubt.
"There's no point in launching a case unless you're absolutely certain."
Neighbours urged to report suspicious behaviour
Under the state government proposal, fines for individuals at a standard rate would remain the same, but increase between 1.5 to 3 times the current penalty for serious offences or those committed by corporations, including developers.
If a perpetrator clears a large area they could also be fined on a per tree basis.
"It's all very well to have these increased fines, but what we need are people on the ground to actually catch them,"Cr Southwood said.
She said she felt there was also a "reluctance" for neighbours to report or record suspicious behaviour, and that by the time a ranger made it to the scene, the offender was usually already gone.
The view in Castle Cove's H.D. Robb Reserve. (ABC News: Greg Bigelow)
A few suburbs over in Castle Cove, an 18-month investigation into the cutting and poisoning of 265 trees on the waterfront H.D. Robb Reserve that same year also reaped no results.
Willoughby City Council Mayor Tanya Taylor said they were unable to prosecute because they "didn't have enough proof".
"Obviously you're not going to have CCTV footage in bushland, and we didn't have eyewitnesses," she said.
Tanya Taylor, Willoughby City Council Mayor, said steeper fines were a "good start". (ABC News: Brendan Esposito)
Currently, a permit is not required for clearing vegetation that is dead or dying, creating a loophole where destroyed trees can be removed without bureaucratic hurdles.
Cr Taylor said she could only assume the "destruction was done for a view" of Middle Harbour.
"I've always said I don't understand that, because for me, a beautiful view is looking out onto the tree canopy," she said.
The state government is proposing raising fines for corporations to up to $18,000. (ABC News: Greg Bigelow)
Cr Taylor said the proposed fines were a "good start" but "overdue".
"I think they could have actually been more, but … we'll see how it goes," she said.
Cr Southwood agreed, saying that a $6,000 or $18,000 fine when it came to a multi-million dollar property with views was "just the cost of doing business".
Government 'open' to regulatory changes, possible jail terms
Serious offences that make it to the Land and Environment Court can garner a penalty of up to $5 million, but it's difficult to build a case and rare for tree destroyers to face charges.
Minister for Planning Paul Scully acknowledged the burden of proof to get a case to court was "too high" for councils.
He told ABC Radio Sydney nothing would change in the new proposal to help local government to investigate or enforce penalties.
Paul Scully says councils have the "same authority" as they currently do under the new proposal. (ABC Illawarra: Justin Huntsdale)
"Councils have the same authority as they do at the moment, no change there," Mr Scully said.
"What the changes are proposing to do is improve the capacity for deterrence, to clarify some of the issues in regards to loopholes."
The planning department is also seeking feedback on the appropriateness to update legislation to introduce jail terms, but not within the scope of the current proposal.
Council hopes no further damage to the tree canopy at H.D. Robb Reserve in Castle Cove occurs. (Supplied: Willoughby City Council )
It will also consider lowering the burden of proof for councils, and enforcing landholders to prove they were not responsible for clearing the land down the line.
"We're open to the option of considering further regulatory changes into the future," Mr Scully said.
The new proposals are open for public feedback until early June.