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Old 16th December 2007, 05:03 AM   #1 (permalink)
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Default Shoalhaven LGA, N.S.W, Australia

This LGA have one of the most unique T.M.O.policies ever...and very hotly debated by (Local) Arboists whilst it was in draft....particularly the 45o rule.
There was a landmark case for "man killed by tree" which underscored the Counil vote to adopt the policy exemption (Schdule 4).
Some other Councils have subsequently looked at adopting it as well but so far none have done so.
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Old 16th December 2007, 12:12 PM   #2 (permalink)
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Default Re: Shoalhaven LGA, N.S.W, Australia

To claify the essence of the 45o rule: it means if a tree of x metres in height is less then x metres from the building then it 's granted removal. So a 15m tree 12m from residence could be removed without question, or a 25m tree @ 20m from the building...and so on.
Mmm..I wonder who the tree height police are.
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Old 16th December 2007, 10:55 PM   #3 (permalink)
Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some
 
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Default Re: Shoalhaven LGA, N.S.W, Australia

That rule is due to the loss of a court case by council.

Remember the Timbs vs Shoalhaven case?

They lost at first but appealed then won.

Here's the link for document.

PDF Timbs vs Shoalhaven case
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File Type: pdf Timbs v Shoalhaven CC, 2004 NSWCA 81.pdf (286.8 KB, 43 views)
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