Community & Business
27 August, 2024
Resident blamed for council tree damage
A MAREEBA man whose house was damaged by a tree falling tree from neighbouring council land was refused a $6,000 compensation claim by the council because he did not give them prior notice that the tree was dangerous.
Long-term resident Glen Haynes, whose home backs onto the banks of the Barron River, said the roof on the corner of the home was still in disrepair since the tree fell in August 2023.
“Council says yes it’s our tree, but too bad,” he said. “How do I know if a tree is a danger?” he said.
“It’s not how it should be. You’re paying $200 a fortnight for your rates and they’re not even going to help.”
In a letter sent to him in August 2023, provided to The Express, council rejected the claim, explaining that if it had “received notification of a concern regarding the tree prior to its failure, then remedial action could have been conducted to prevent damage”.
Council had also cited sections 35 and 36 of the Civil Liability Act saying its functions were limited by financial and other resources available to it.
Mr Haynes reiterated that he was no arborist. He said visually, the Flame Tree in question had been covered in vines and was dead. Had council carried out regular maintenance they would have known this.
He was also asked to provide two quotes for the damage by council, before he was knocked back.
Mr Haynes’ property suffered more damage from tree branches and other debris blown across his fences and into his yard following Cyclone Jasper.
He had subsequently “done the right thing” according to council’s logic, and notified it that some trees needed removal, including a dead eucalypt near his home, and others required limb maintenance. But he had no response.
“They haven’t even come out and looked
Mr Haynes said he was not just concerned for his own property, but for his neighbours whose homes back on to the riverbank reserve.
The housing in the street was re-zoned a one-in-100 flood zone in about 2018, and he said insurance now ran up to between $9,000 to $13,000. For himself, working at Mareeba Hospital for 17 years and supporting the family on one wage, it was not affordable.
He also noted at least six trees had died in the area over recent years, which were near a drainage site (including the tree that fell on his home), and this, too, needed further investigation.
“Council planted out that area, it’s a public space, people walk along there all the time, surely they are responsible for maintenance and assessment,” he said.
When asked whether a $6,000 bill was not a reasonable request; its response to current post-cyclone damage to the area; and about the observation of the dead trees and the drainage site, Mayor Angela Toppin last week confirmed it had “investigated damage to a property from a fallen tree last year”.
“As a result of these investigations, we found no evidence to suggest that the falling of the tree was in any way a result of council’s negligence by act or omission,” she said.
She said council did not have the resources to inspect all council-owned trees covering the 53,000 square kilometres of the shire.
“We rely on residents and community members to notify us when they are concerned about a tree and the possibility of that tree falling. Council will then take all the necessary steps to prevent any damage.”
She said it was the same as when neighbours told each other of problem vegetation.
Residents can contact council by phone, email or website to report an issue or lodge a request for service.
In a final blow for Mr Haynes, he conducted a small, controlled burn of garden waste on his property following the cyclone, but was reported to council. Officers had visited and warned him he could be fined up to $6,000 by the Department of Environmental and Resource Management, as well as being fined $500 by council.
“I haven’t been able to do much around here, I can’t touch a tree,” he said looking over his garden, which still has a tree trunk across his back fence that reaches to his clothesline.
“I don’t disagree with the planting on the riverbank. It looks nice, and I have lots of wildlife here - the birdlife is unreal, but these trees need to
be addressed,” he said.
