Thread: 'Defective' Trees

Originally Posted by bsrlee

I'm with Sturdee on this - write to council, require a written reply, danger to your property and road users, demand details of council's insurers. Friend of my father's had problems with an overgrown patch on council land, as soon as he mentioned liability for damage a crew was out there to clear and mow the site and they kept it mowed.

Sadly council LAW states no liability in regard to dangerous trees that could pose a threat to private property or person(s)
No doubt the law is different from one Shire to another Shire
Only when a tree threatens damage to council assets(buildings,infrastructure,power lines,etc) will they act...they made this very clear to me...MM

Originally Posted by MAPLEMAN

Sadly council LAW states no liability in regard to dangerous trees that could pose a threat to private property or person(s)
No doubt the law is different from one Shire to another Shire
Only when a tree threatens damage to council assets(buildings,infrastructure,power lines,etc) will they act...they made this very clear to me...MM

Don't mean to flog a dead horse, but once again, verbal??

Start your file, demand all / any of their "rulings" in writing. Ask for a copy of the relevant "council laws".

Seek a legal opinion on negligence, anyone can basically do or say what they like but it becomes a whole new game should there be any negligence especially if they have been told and choose to do nothing.

Originally Posted by MAPLEMAN

Sadly council LAW states no liability in regard to dangerous trees that could pose a threat to private property or person(s)
No doubt the law is different from one Shire to another Shire
Only when a tree threatens damage to council assets(buildings,infrastructure,power lines,etc) will they act...they made this very clear to me...MM

I'll let one of the lawyer WWs come in with the details, but what you're describing is termed nonfeasance. For roads in Australia the principle (and protection) of nonfeasance was based on an 1804 act of the British parliament, which at the time it was enacted applied to that part of Australia called NSW -- basically all of Australia east of the 135 E meridian. In 2001 the Australian High Court essentially struck down the 1804 act which resulted in the states legislatures creating what is known as a statutory defence for authorities like councils which in essence says

an authority [in your case this is probably the Council] is not liable where:

• it has no actual knowledge of a hazard;
• it has a plan for carrying out inspections and repairs that is reasonable in all of the circumstances; and
• that any such plan has been implemented and followed.

If you've written to Council notifying them of the hazard, you should be able to connect the dots ...


I think you will find that the only LAW that is different council to council, is the statute of bluff

Glad to report that the trees will be felled in the very near future
Tree lopper arrived this morning to ascertain the work involved in their removal and to deliver subsequent quote to council
Hoping they will hit the dirt this coming week
Happy council has come to the party and taken a common sense approach
For that i applaud them
Will post some pics when they are horizontal...MM