On Tuesday 18 February 2025 the City of Burnside secured a successful conviction and $10,000 fine against an individual who illegally felled a 2.1 metre circumference regulated gum tree in Rosslyn Park.
The action, which occurred in June 2023, saw the illegal removal of a River Red Gum by Levi Kinsman of Great Fellers Tree Services, who had been engaged by the owners of a vacant block at 40 Hyland Terrace, Rosslyn Park.
Council officers from the City Development and Safety team conducted a site inspection at the property following a complaint regarding a tree on the property and, after referring to a past arborist report, identified that a regulated gum tree was no longer present on-site.
His Honour Senior Judge Michael Durrant recorded a conviction and a $10,000 fine against Mr Kinsman, and said the defendant had conducted "gross carelessness" in his actions.
'The law in respect of this offending aims to protect significant trees from unlawful clearance,' he said.
Mr Kinsman was also ordered to pay Council's court costs of $1,621.50 and a Victims of Crime levy.
City of Burnside CEO Julia Grant said this was a positive outcome and would act as a strong deterrent against further instances of illegal tree damage.
'Any type of vandalism against our urban forest is unacceptable. While the majority of our residents are doing the right thing to support our environment, we hope this sentence will act as a deterrent against those who would seek to damage Burnside's urban forest,' Ms Grant said.
'Using development documentation and information from the owner of the property, our City Development and Safety team was instrumental in securing a conviction, fine and the payment of our court costs.
'I would like to thank our community and staff for their ongoing efforts to protect our urban forest.
'We continue to encourage our community to help us protect our urban forest by contacting the City of Burnside and sharing photographic or video evidence of anyone who may be damaging a significant or regulated tree. Our urban canopy is of extreme importance and we will do all we can to safeguard it for future generations to enjoy.'
In May 2024 the State Government made major changes to the rules that apply to regulated and significant trees across Greater Adelaide. The updated regulations mean that:
- Regulated trees are trees with a circumference of 1 metre or more when measured 1 metre above the ground level (previously a circumference of 2 metres prior to May 2024)
- Significant trees are now trees with a circumference of 2 metres or more when measured 1 metre above the ground level (previously a circumference of 3 metres prior to May 2024).
These changes followed the City of Burnside's intensive lobbying efforts for major changes to be made to tree protection laws in SA, with Council making a presentation to the South Australian Parliament in late 2023. As part of our submission to the Urban Forest Inquiry headed by the Environment, Resources and Development Committee, the City of Burnside recommended:
- A significant increase in fees for legal removals and fines for illegal removals of trees
- The removal of exemptions that can be exploited via loopholes
- A broadening of regulations to protect more trees
- The establishment of an Urban Forest Fund.
The City of Burnside is committed to planting approximately 1,000 trees each year to support our urban canopy, which has a wide variety of benefits for our community, local wildlife and the climate.
