Boroondara Council to pay back $50,000+ in tree fines

Eric Frei · 17th August 2011, 07:07 PM

HAVE YOUR SAY: Boroondara tree-chop loophole leaves fine mess - Council - News - Progress Leader

Quote:

Boroondara tree-chop loophole leaves fine mess
16 Aug 11
A LEGAL loophole has forced Boroondara Council to pay back more than $50,000 in fines collected from people caught chopping down trees without permits for the past five years.

A technicality in the council’s local law, drafted by an external solicitor, has meant council-issued fines for removing trees have been invalid.

The error was picked up by an internal review in December last year but the council did not amend the mistake until this week.

Balwyn North resident Ian Hundley said the council’s “failure” had let developers and residents get away with removing valuable trees.

“It’s really concerning,” Mr Hundley said.

“They didn’t get the local law right in the first place and that sends a pretty bad message the council is not serious about this issue.”

Mr Hundley said canopy trees provided “significant environmental advantages”.

“The council needs to correct the law and make other changes to make it more enforceable.”

Boroondara Council city development and amenity director Phillip Storer confirmed $52,000 had been put back into offenders’ pockets, from 51 fines issued in the past five years.

“An internal review has concluded that the fines issued under Tree Local Law 1F may not be valid,” Mr Storer said.

He said the council had maintained its “high ethical standards” and responded by refunding the paid fines “immediately and without qualification”.

Environment Defenders Office lawyer Brendan Sydes said it was “disappointing” there was a legal snag in the local law but added that the council had “done the right thing” by reimbursing the money.

Changes to the local law were considered by the council at a meeting last night.

Darrell Mcleod · 18th August 2011, 12:50 AM

A thread from here talking about it from three or so years ago

Booroondara, Victoria Australia.

Wonder exactly what this means

Quote:

A technicality in the council’s local law, drafted by an external solicitor, has meant council-issued fines for removing trees have been invalid.

Here is Boroondara Council's Local Law 1F

Apocalypsse · 18th August 2011, 05:20 PM

Snap. Theres some big trees in that area and it is a pricey area. Big disappointment they fund th error in December and didn't think to fix it...

18th August 2011, 05:20 PM	#3
Apocalypsse Veteran Heritage Status Join Date: Feb 2009 Location: Victoria, Australia Posts: 1,152	Re: Boroondara Council to pay back $50,000+ in tree fines Snap. Theres some big trees in that area and it is a pricey area. Big disappointment they fund th error in December and didn't think to fix it...

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