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

Legal Protection of Urban Trees

Paul LeadbeterAdelaide Law School

University of Adelaide, South Australia

Urban trees- ‘natural air conditioner for the city’

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

Why protect urban trees?

• Number of reasons: 1.Reduces the ‘urban heat island effect’2.Provision of shade &aesthetic improvements

to streetscapes3.Privacy4.Shelter for humans & animals during

inclement weather5.Contribution to biodiversity

Contribution to biodiversityKoala in Urban tree in Adelaide

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?

What trees should be protected?• Range of possible criteria for protected status:1. Species of tree2. Tree’s size3. Tree’s location4. Tree’s cultural or heritage significance5. 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?

What is tree damaging activity?• In South Australia broadly defined to include:a) The killing or destruction of a tree; orb) The removal of a tree; orc) The severing of branches, limbs, stems or trunk of a

tree; ord) The ringbarking, topping or lopping of a tree; ore) 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)

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?

Consequences for persons who damage trees without authorisation?• In South Australia options include:1.Prosecution and financial penalty2.Court orders in nature of injunctive relief3.Make good orders ( eg remove buildings,

structures, plantings, plant replacement trees & nurture to maturity)

Potential problems with tree protection systems?

1. Conflict between urban consolidation & tree retention.

2. Impacts of trees on buildings, public and private infrastructure eg drains , roads and footpaths

3. Inappropriate plantings4. Unlawful & surreptitious tree damaging

activities5. Public liability concerns

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

4.Unlawful and surreptitious tree damaging activities

Trees pre PoisoningTrees some months after poisoning

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