Tree disputes Land & Environment Court: Tree Disputes

With the increasing pressure on our residential communities; land sizes becoming smaller due to larger homes been built, the properties sizes becoming smaller, no longer the ¼ acre blocks, there are more changes that we will impact upon our amenity forest. When this occurs some of these conflicts are decided in the Land and Environment Court. When considering if you need to resolve your tree issues/disputes the first step many people take is to consult their local council and once this occurs councils will ask for more supporting evidence, this evidence is normally by a Consulting Arborist, AQF Level 5 Arborist. When you hire a consultant you should make sure they have this qualification; you can ask to see their certificate and also ask what method they will use to assess the tree/s. Two of the preferred methods are the International Arborist Associations’ ‘Tree risk Assessments Qualifications’ (TRAQ) and QTRA, this is normally called a Visible Tree Assessment and as stated is only a visible assessment i.e. what can be seen form the ground. The consultant should also have a minimum of 5 years’ experience. This is the minimum information you will need before going to the Land and Environment Court. Although, in most cases you will need more supporting evidence such as an aerial assessment of major limbs and the canopy, a soil analysis and/or identification of the type of decay i.e. white rot, brown rot or soft rot and how these affect the trees structure. It is possible that you may also need to determine the trees internal structure, how much solid timber there by using a Picus Sonic tomography test/s or a Resistograph test. When deciding to continue your case, the more information obtained to support the case the better and when you start the project inform your consultant so they can inform you what may be needed and an approximate cost for the project. The case will be decided on fact rather than emotion because a tree is large and any fear is not reason to remove the tree. However, if the tree is large leaning over your home, with several defects in the trunk and brown rot with only 10% solid timber then this maybe a reason to remove the tree. Also the consultant is there for the tree and not the client. An expert witness has an overriding duty to assist the court impartially on matters relevant to the expert witness’s area of expertise. When discussing issues with your consultant tell them all the information you have so they can decide on the best course of action and discuss with them that you are going to the Land and Environment Court to receive a ruling. Fred Janes - Arborist at Angophora Consulting Arborist is a level 5 arborist (AQF level 5). He is qualified in the latest techniques, using the International Arborist Associations’ ‘Tree Risk Assessments Qualifications’ (TRAQ). Fred can provide professional advice.

Tree pest of Eucalypt species.

How healthy are your trees is your tree showing signs of stress, have they been attacked by a pest/insect. Some tree Pests such as below can damaged and kill your trees if not treated.
Thaumastocoris peregrinus, Winter Bronzing Bug is a pest of Eucalytpus trees, especially narrow leafed Eucalytpus trees. It is a cytosol feeder of tree leaves, which means it feeds on the inside material of the leaf cells and the cell dies. The leaves cannot do their job of photosynthesis.
The symptoms of insect attack are that the tree leaves turn a silver, spotted yellow to bronze colour. This insect pest can be part of the cause of decline in the tree health of Eucalypts in the Sydney basin.
The infested trees will turn the reddish brown to bronze during winter. If the infestation is severe the trees will start to drop their leaves. Twig and branch dieback may also occur. If this continues it will lead to tree decline and possibly the death of the tree.
Chemical control
In Australia the chemical control option for T. peregrinus is tree injection.

• Thaumastocoris peregrinus, Winter Bronzing Bug can attack different species of trees:
  Corymbia citriodora
  C. henryi
  C. maculate
  E. agrophloia
  E. benthamii
  E. bicostata
  E. botryoides
  E. bridgesiana
  E. camaldulensis*
  E. cypellocarpa
  E. dorrigoensis
  E. dunnii
  E. globulus
  E. gomphocephola
  E. grandis
  E. largiflorens
  E. macarthurii
  E. maidenii
  E. microcorys
  E. nicholii
  E. nitens
  E. occidentalis
  E. ovata
  E. paniculata
  E. pauciflora
  E. pilularis
  E. pulverulenta
  E. punctate
  E. resinifera
  E. rudis
  E. robusta
  E. saligna
  E. scoparia*
  E. sideroxylan
  E. smithii
  E. tereticornis*
  E. urophylla
  E. viminalas*
  E. camaldulensis x E. biscostata
  E. grandis x E. camaldulensis
  E. grandis x E. nitens
  E. grandis x E. urophylla
  

  *Highly susceptible to T. peregrinus

• If you are concerned about your trees’ health please contact an Arborist such as Fred Janes at Angophora Consulting Arborist. A level 5 arborist (AQF level 5), qualified in the latest techniques using the International Arborist Associations’ Tree risk Assessments Qualifications (TRAQ). Fred and his team can provide professional advice on the problem, how to mitigate the risk and allay any fears that you may have.