ACAT discusses removal of protected tree

Pinkas v Conservator of Flora and Fauna (Administrative Review) [2018] ACAT 92 (20 September 2018)
The applicant applied to the Conservator to remove a Yellow Box (Eucalyptus melliodora) in his Chifley backyard.  The Conservator rejected the application after assessing the tree and finding that found it was healthy and did not meet any of the criteria set out in schedule 1 of the Tree Protection (Approval Criteria) Determination 2006 (No 2). A Tree Advisory Panel also found the tree was healthy, and should not be removed.

The applicant then applied to ACAT for review of the Conservator's decision, arguing that the tree was a safety risk; could cause damage to nearby buildings; the tree was inappropriate given its potential size and growth habit (excluding remnant eucalypts); or was affecting solar access. 
The applicant also needed to show that the tree was not a remnant tree, that is, that it was not a tree already present and established in the landscape before the suburb was developed. The tribunal found on the facts that none of the criteria for removal of the protected tree were met and upheld the Conservator's decision.


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