A construction company ordered to pay $3,000 for cutting down an oak tree must now pay 15 times that amount after challenging the fine in court.
The developer was fined $45,000 earlier this month for damaging an 80-year-old tree at a construction site in Revesby, west of Sydney, in 2023.
The City of Canterbury Bankstown initially fined the company $3,000 last year for failing to protect the tree.
Several branches had been sawn off and the roots had been damaged because a concrete slab had been poured too close to the spot.
The project developer was building duplex homes on the site and an inspection by the municipality revealed that excavation work was taking place in a protected tree zone.
The company decided to challenge the fine at Bankstown District Court, but the appeal was unsuccessful.
The court ruled that the excavation work was carried out without the supervision of a certified tree surgeon.
Magistrate Glenn Walsh, who made the ruling, said the company was “well aware of the legal ways of dealing with this situation”.
The developer was given a huge fine for damaging the oak tree (pictured) after several branches were cut off and the roots destroyed by a concrete slab
“Cost savings can only be the reason behind these measures,” said Magistrate Walsh.
The municipality has now been forced to remove the tree due to the damage.
A council spokesperson said protecting vulnerable natural resources is an important part of the council’s responsibilities.
“The Council takes the enforcement of environmental regulations seriously and we will not tolerate people who seek to break the rules,” he said.
“Let this be a warning that if you do anything wrong, you will be caught and fined.”
The council is pushing for tougher penalties to deter the removal and vandalism of trees in the community.
Last month, 12 large eucalyptus trees were poisoned and 13 cut down on a property on Henry Lawson Drive.
The developer was in the process of building duplexes on the site (pictured) and a city inspection revealed that excavation work was being carried out in a tree protection zone
Imposing fines roughly equivalent to cutting down the trees was one of the sanctions discussed at a recent council meeting.
Local governments are responsible for managing the tree population in NSW.
Trees that are higher than three metres or have a crown that is wider than two metres may only be felled with the permission of the municipality.
Anyone who illegally cuts down a tree can be fined $3,000. Businesses can be fined $6,000 for this offense.