Significant Trees

Extract from Hansard

Legislative Council
14 March 2001

Mike Elliott
Leader Australian Democrats
Member of the Legislative Council

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The Hon. M.J. ELLIOTT: I seek leave to make a brief explanation before asking the Minister for Transport and Urban Planning a question in relation to significant trees.

The Hon. M.J. ELLIOTT: The minister introduced significant trees legislation into the parliament last year which I think received support from all parties. I have received recent reports that a number of councils believe that they simply cannot get their significant tree register together in time for the 1 July deadline. I understand that a number of them have formally approached the minister and that seven or eight councils are expressing some concern.

Some councils such as Mitcham have a problem with there being so many trees that it might take them a decade if they have to list them all individually. They have gone along another path and, rather than listing individual trees, they have tried to describe areas containing such trees in other ways. However, they do not know at this stage whether or not the approach that they have adopted will be accepted by the minister.

Another matter that has come to my attention in relation to significant trees is that the minister's transport department is currently proposing to fell at least 20 trees on the edge of Belair National Park that would be covered by this legislation. These trees are on the roadside but directly adjacent to Belair National Park. They include mature blue gums and box trees, and they are to be removed to install some sort of a passing lane. This is causing some concern in the hills. I ask the minister:

1. Will she indicate whether or not she is entertaining granting extra time beyond 1 July in this interim period, which extends legislation to trees below a 2½ metre girth and, I think, down to 1½ metres?

2. What is the minister's thinking in relation to the approach that is being adopted by the Mitcham council?

3.Will the minister tell us what alternatives are being investigated other than the knocking down of 20 mature trees adjacent to Belair National Park to put in a passing lane?

The Hon. DIANA LAIDLAW (Minister for Transport and Urban Planning): I will make inquiries of Transport SA in regard to the Belair roadside trees. In terms of the legislation relating to significant trees, it is correct that all members in both houses gave excellent support for its passage. The legislation ultimately passed by the parliament was broader than that recommended by the task force which was established by the government and which defined a significant tree as being 2.5 metres in circumference. The trees to which the honourable member is now referring and which are the subject of council correspondence to me are in patches of native vegetation in areas not covered by the native vegetation law- therefore, native vegetation in metropolitan Adelaide-and trees of 1.5 metres in circumference and above.

I am not entertaining an extension to the July deadline. I have had discussions with some councils about this but I have not formally corresponded with them, because this was not an agreed position by the task force: it was something that we, in the parliament, determined later. Because of the issues with local councils and others, I think councils knew of the difficulties involved in extending the legislation to trees of 1.5 metres to 2.5 metres in circumference. Therefore, unless I get much more persuasive evidence of the diligence with which councils have undertaken their registers, I will not be entertaining an extension of the time limit with interim controls.

If the councils give me more evidence of their diligence and if the task still is beyond their means, I might change my mind. However, I do not have that evidence at the present time- that they moved quickly knowing that there was a one-year interim control in place.