Legal Protection of Urban Trees

1. Legal Protection of Urban Trees Paul Leadbeter Adelaide Law School University of Adelaide, South Australia

2. Urban trees- ‘natural air conditioner for the city’

3. What are ‘urban trees’ • Trees growing within a town or city as opposed to trees growing in a rural setting • Peri- urban areas?- transitioning areas create questions • Should include trees on both public and private land

4. Why protect urban trees? • Number of reasons: • Reduces the ‘urban heat island effect’ • Provision of shade &aesthetic improvements to streetscapes • Privacy • Shelter for humans & animals during inclement weather • Contribution to biodiversity

5. Contribution to biodiversity Koala in Urban tree in Adelaide

6. How can we protect urban trees? • Identify urban trees ( list or define them) • Make removal or damaging of them something requiring approval • Is land use planning legislation the ideal mechanism for legal protection?

7. What trees should be protected? • Range of possible criteria for protected status: • Species of tree • Tree’s size • Tree’s location • Tree’s cultural or heritage significance • Aesthetic or urban design reasons • In South Australia size of tree, its location, its position re buildings and its species are all factors influencing whether a tree has a protected status • Should any trees not be protected? Eg pest plants, woodlots, orchards, other plantations, non indigenous?

8. What is tree damaging activity? • In South Australia broadly defined to include: • The killing or destruction of a tree; or • The removal of a tree; or • The severing of branches, limbs, stems or trunk of a tree; or • The ringbarking, topping or lopping of a tree; or • Any other substantial damage to a tree but not ‘maintenance pruning’ ( removal of less than 30% of tree’s crown for purposes of removing dead or diseased wood or preventing risks to human safety or damage to buildings)

9. Relevant factors when assessing applications for tree damaging activity? • Is tree diseased or has short life expectancy? • Does it pose material risk to public or private safety? • Is tree causing damage to a building? • Is work in general interests of tree’s health? • Have all reasonable alternative development options & design solutions been considered to prevent substantial tree damaging activity occurring?

10. Consequences for persons who damage trees without authorisation? • In South Australia options include: • Prosecution and financial penalty • Court orders in nature of injunctive relief • Make good orders ( eg remove buildings, structures, plantings, plant replacement trees & nurture to maturity)

11. Potential problems with tree protection systems? • Conflict between urban consolidation & tree retention. • Impacts of trees on buildings, public and private infrastructure eg drains , roads and footpaths • Inappropriate plantings • Unlawful & surreptitious tree damaging activities • Public liability concerns

12. Inappropriate plantings Tasmanian Blue gum ( Eucalyptus globulus) in South Australian suburban backyard- healthy tree, limb dropper , totally inappropriate in suburban context

13. 4.Unlawful and surreptitious tree damaging activities Trees pre Poisoning Trees some months after poisoning

14. Conclusions • Trees play important role in reducing urban temperatures • Useful and cheap adaptation measure • Greatest risks for urban trees come from development & urban consolidation • Legal protection via land use planning laws & policies is important • Essential laws have defined criteria for listing, damaging or removing, and recognition of potential risks to human safety and building and infrastructure integrity