About Time: Company fined for illegal tree works.

rangitata · 25th September 2007, 06:17 PM

Its about time but a Brisbane tree company and Developer have finally been given a seroius fine for removing protected trees.

Pity the developer will still make his profit, the fine should be ten times the amount.

From courier mail 25 Sept 07
$45,000 fines for felled fig | The Courier-Mail

Eric Frei · 25th September 2007, 08:37 PM

Great find!

Quote:

Mark Oberhardt

September 25, 2007 12:00am

A PROPERTY developer and a tree lopper were yesterday fined a total of $45,000 for destroying a protected fig tree at one of Brisbane's prime real estate addresses.

Magistrate John Parker said it should be a warning to all developers that they had to follow council processes and could not treat fines as part of the "cost of doing business".

In the Magistrate's Court in Brisbane yesterday, property development company Home Design Australia Pty Ltd, a director of the company Anthony Masinello, and tree lopper Nizam Ahmed Deen pleaded guilty to breaching natural assets laws late last year.

The court was told HDA bought a property at 28-30 Queens Rd, in the inner-northern suburb of Hamilton, and on the site was a 25m fig tree with a canopy of 35m and diameter of 5.4m.

The tree had been the subject of a vegetation protection order since 1997.

HDA had plans to slide the house to another part of the property and build a tennis court, but the fig tree had to be shifted.

Mr Parker fined HDA a total of $30,000, Mr Masinello $10,000 and Mr Deen $5000 and ordered costs of $1500 against HDA and Mr Masinello but not Mr Deen. He said fig trees were significant to Brisbane and "iconic in the community".

"I accept some people don't like them. They can be dangerous and a pain in the neck, but the council and government has legislated to protect them," he said.

LOL, so Nizam Ahmed Deen copped $5k fine.

Drouin Tree Service · 25th September 2007, 10:56 PM

Ive heard that a local contractor was fined 25k and the developer 50k for removing a section of old growth bushland in my shire recentley.Ill try find some facts...

treeseer · 25th September 2007, 11:15 PM

Here we have boards of adjustment where these fines are often heavily and quietly reduced later after things cool down and the public eye blinks.

Is there such a mechanism in oz?

Eric Frei · 26th September 2007, 08:42 AM

No, not unless they appeal and go to a higher court than what heard their first case ... however the cost would exceed paying the fine!

Boards of adjustment, never heard of that, is it only for civil compensation style cases or criminal too?

treeseer · 26th September 2007, 08:53 AM

not criminal, just civil, but that covers a lot.

JohN Dee · 26th September 2007, 11:03 PM

How did they get caught? Like was a TPO driving down the street? Or a peeved off neighbour dropped a coin on em'?

ARGTrees · 27th September 2007, 11:52 PM

I think its crap!! Everybody in brisbane know the Deen bros. $5k, they will spend that at the pub tonight!! and the developer well he just made a sweet 1mil min in that area, so he will be devisated. If they are going to make the fines realistic they should fine them in relation to the land value gained by the tree being removed.

TrevMcRev · 28th September 2007, 12:18 AM

Quote:

Originally Posted by ARGTrees

I think its crap!! Everybody in brisbane know the Deen bros. $5k, they will spend that at the pub tonight!! and the developer well he just made a sweet 1mil min in that area, so he will be devisated. If they are going to make the fines realistic they should fine them in relation to the land value gained by the tree being removed.

And not give planning approval to ever use the land for building on. That would screw em. Make them pay for replanting and maintaining as open space.

Eric Frei · 16th June 2008, 07:53 PM

I heard rumour that the block was worth around $1million and afterwards (now that the trees gone) worth $2.5million ... if that's the case then the developers etc are smart.

Drouin Tree Service · 16th June 2008, 08:53 PM

Yes i know of a guy in the bayside area who had 20+ trees he wanted gone,council had $5k a tree order...he wrote them a cheque there and then.

Robert STAVROU · 19th June 2008, 03:12 PM

One may hope that the new Australian Standard on Tree Valuation may be of assistance to us in the industry. The delay was mainly due to NSW and Victoria not being able to agree on what system to utilize.

Eric Frei · 19th June 2008, 03:26 PM

Did anyone bother telling NSW and Victoria it was about trees not football vs rugby or which state should have the capital city.

For those overseas, NSW and VIC compete on many matters.

When Australia wanted to have it's own capital city they argued so bad that between the two states they created ACT (Australia Capital Territory) and built a new city called Canberra to be our capital. The arguing hasn't stopped though and it's been over 100 years.

And yes, Canberra is the capital of Australia not Melbourne or Sydney.

Also, being a new planned city not some uncontrolled urban sprawl Canberra was designed with streets doing around in a large circle .... I have often said people are like the cities they come from hence why politicians talk in circles, Victorian's a little square and Sydneysiders a bit mixed up but determined to get there (eventually, just head south to go east).

Me, I come from Adelaide, planned city built by Colonel Light and the only state that wasn't founded on the back of a penal colony.

All the crims mainly went to Tassy, Sydney and Melbourne (cant you tell. LOL

)

25th September 2007, 06:17 PM	#1
rangitata Semi-mature vigorous tree Join Date: Feb 2007 Location: Brisbane, Queensland Posts: 56	About Time: Company fined for illegal tree works. Its about time but a Brisbane tree company and Developer have finally been given a seroius fine for removing protected trees. Pity the developer will still make his profit, the fine should be ten times the amount. From courier mail 25 Sept 07 $45,000 fines for felled fig \| The Courier-Mail

25th September 2007, 10:56 PM	#3
Drouin Tree Service Veteran Heritage Status Join Date: Jan 2007 Location: Australia Posts: 1,696	Re: About Time: Company fined for illegal tree works. Ive heard that a local contractor was fined 25k and the developer 50k for removing a section of old growth bushland in my shire recentley.Ill try find some facts... __________________ Drouin Tree Services \| Excavator Hire - Drouin and SE Gippsland \| Landclearing Melbourne

25th September 2007, 11:15 PM	#4
treeseer Former Member Join Date: Jul 2007 Location: SE USA Posts: 753	Re: About Time: Company fined for illegal tree works. Here we have boards of adjustment where these fines are often heavily and quietly reduced later after things cool down and the public eye blinks. Is there such a mechanism in oz?

26th September 2007, 08:42 AM	#5
Eric Frei Admin - Razor sharp and independent 2 X Diploma Level 5 qualified arborist Join Date: Jan 2007 Location: Brisbane Posts: 12,814	Re: About Time: Company fined for illegal tree works. No, not unless they appeal and go to a higher court than what heard their first case ... however the cost would exceed paying the fine! Boards of adjustment, never heard of that, is it only for civil compensation style cases or criminal too? __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

26th September 2007, 08:53 AM	#6
treeseer Former Member Join Date: Jul 2007 Location: SE USA Posts: 753	Re: About Time: Company fined for illegal tree works. not criminal, just civil, but that covers a lot.

26th September 2007, 11:03 PM	#7
JohN Dee Moderator Join Date: Feb 2007 Location: Climbing around the world Posts: 855	Re: About Time: Company fined for illegal tree works. How did they get caught? Like was a TPO driving down the street? Or a peeved off neighbour dropped a coin on em'? __________________ We are what we repeatedly do... Excellence then, is not an act, but HABIT... Red : Green : Blue

27th September 2007, 11:52 PM	#8
ARGTrees Sappling Join Date: Aug 2007 Location: Brisbane Posts: 37	Re: About Time: Company fined for illegal tree works. I think its crap!! Everybody in brisbane know the Deen bros. $5k, they will spend that at the pub tonight!! and the developer well he just made a sweet 1mil min in that area, so he will be devisated. If they are going to make the fines realistic they should fine them in relation to the land value gained by the tree being removed. __________________ ARGtrees Truck and Chipper Hire Australia

16th June 2008, 07:53 PM	#10
Eric Frei Admin - Razor sharp and independent 2 X Diploma Level 5 qualified arborist Join Date: Jan 2007 Location: Brisbane Posts: 12,814	Re: About Time: Company fined for illegal tree works. I heard rumour that the block was worth around $1million and afterwards (now that the trees gone) worth $2.5million ... if that's the case then the developers etc are smart. __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

16th June 2008, 08:53 PM	#11
Drouin Tree Service Veteran Heritage Status Join Date: Jan 2007 Location: Australia Posts: 1,696	Re: About Time: Company fined for illegal tree works. Yes i know of a guy in the bayside area who had 20+ trees he wanted gone,council had $5k a tree order...he wrote them a cheque there and then. __________________ Drouin Tree Services \| Excavator Hire - Drouin and SE Gippsland \| Landclearing Melbourne

19th June 2008, 03:12 PM	#12
Robert STAVROU Semi-mature vigorous tree Join Date: Apr 2008 Location: Australia Posts: 56	Re: About Time: Company fined for illegal tree works. One may hope that the new Australian Standard on Tree Valuation may be of assistance to us in the industry. The delay was mainly due to NSW and Victoria not being able to agree on what system to utilize. __________________ STAV

19th June 2008, 03:26 PM	#13
Eric Frei Admin - Razor sharp and independent 2 X Diploma Level 5 qualified arborist Join Date: Jan 2007 Location: Brisbane Posts: 12,814	Re: About Time: Company fined for illegal tree works. Did anyone bother telling NSW and Victoria it was about trees not football vs rugby or which state should have the capital city. For those overseas, NSW and VIC compete on many matters. When Australia wanted to have it's own capital city they argued so bad that between the two states they created ACT (Australia Capital Territory) and built a new city called Canberra to be our capital. The arguing hasn't stopped though and it's been over 100 years. And yes, Canberra is the capital of Australia not Melbourne or Sydney. Also, being a new planned city not some uncontrolled urban sprawl Canberra was designed with streets doing around in a large circle .... I have often said people are like the cities they come from hence why politicians talk in circles, Victorian's a little square and Sydneysiders a bit mixed up but determined to get there (eventually, just head south to go east). Me, I come from Adelaide, planned city built by Colonel Light and the only state that wasn't founded on the back of a penal colony. All the crims mainly went to Tassy, Sydney and Melbourne (cant you tell. LOL ) __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

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