Not so “Great Feller” – Tree Lopper Convicted
A tree-lopper has been convicted in a prosecution brought by Norman Waterhouse, on behalf of the City of Burnside for the unauthorised removal of a regulated River Red Gum (Eucalyptus camaldulensis) in or about June 2023 at property in Rosslyn Park.
Authorised officers of the City of Burnside detected the offence following a complaint from a member of the public regarding an unrelated issue on the land in December 2023. By reference to an arborist report submitted in a development application, the Council officers detected the absence of the tree.
Subsequent investigations revealed that the owner of the land had engaged Levi Kinsman, operating under the business name “Great Fellers Tree Services”, to remove the tree in June 2023. Although pursuant to the earlier arborist’s report the tree had a circumference of 2.12m at 1m above natural ground level, Mr Kinsman had advised the owner that approval was not required to remove the tree.
Mr Kinsman, who failed to participate in the proceedings, was convicted of breaching the Planning, Development and Infrastructure Act 2016, fined $10,000 and ordered to pay costs and a victims of crime levy. In doing so, the Court took into account his lengthy prior offending history [none of which were for tree-damaging activities], stating:
his antecedent history demonstrates a disregard for regulatory compliance, that is evidenced by the number of counts or convictions for driving with drugs in his system. I am also satisfied that his antecedent history shows a disregard for court orders and I, in that respect, note that he has been convicted on a number of occasions for driving under suspension and has also been convicted on several occasions for failing to comply with his bail agreement.
In addition to costs, pursuant to section 145 of the Local Government Act 1999 the fine of $10,000 imposed on Mr Kinsman is to be paid to the City of Burnside.
Should you have any questions or for more specific information on any of the material contained in this article please contact Stephan Koefer on +61 8 8217 1368 or skoefer@normans.com.au or Aden Miegel on +61 8 8217 1342 or amiegel@normans.com.au.
