Thread: treess on the side of the road

I am not up on the law where you are but if in doubt contact your local authority and see what they have to say. they just might be pleased that you are taking some away

Originally Posted by mat_au

so what is the law of cutting up trees on the side of the road that have already fallen down, like in a storm ect?

The general and simple answer is that they belong to the owner of the tree/s. This includes Councils/Governments.
Therefore you really need their consent to take the wood. I wont go into the question of whether it is abandoned, as this depends on a number of factors.
For example, it is accepted that timber is abandoned when left at the kerb in Council clean-ups. I think common sense says
if you intend to say use a chainsaw to cut and remove that it would be prudent to ask the owner, whoever that is. Hope that helps. Drillit.

I Know a lot of folk around here get their fire wood from road side collection with no dramas, however a couple of years back I thought I'd give it a go and what do you know, a shire car pulls up, quizes me and then tells me I wont be fined this time. So now I ring and get council permission if there is a tree I particularly want.

My experience in Vic, NSW and now WA is almost identical. Any trees down beside the road etc in country areas, belongs to the council. Once I had the ph number for the gentlemen responsible, then I would ring, get permission and remove them.

Verge collection. Open slather, unless you need to operate a chainsaw, then seek permission from the house holder.

Firewood collection. You can get a forewood collection licence, in WA costs $15-17 per tonne. They have designated firewood collection areas.

Regards
Willy

It's a grey area and it depends on the circumstances.

In our area, most treeloppers, council included, leave logs by the side of the road for a week and if not collected by then they come back and mulch it.

Hard rubbish collections vary between councils. Once items are put out they become the property of the council and no longer the homeowner. Some allow you to take from it others don't. If they are booked collections the attached sticker will tell you. I will usually ask the homeowner for permission and then they will usually help me load up as well.

But it can be a grey area as a few years ago someone near the hills was charged, and convicted, by the police for taking from a general hard rubbish collection.

Peter.

Hi guys,
I normally look both ways and if there is no one
around grab what I can and run like hell.........


No only joking most of the shire workers
are happy for me to take it, saves them
loading and chipping it, allways ask first
and have never had a problem, even had
some guys help load in the van!!
We have a lot of tree loppers around at the
moment, under powerlines etc.....they are
mostly very aproachable, all you have do is ask!
they can only say no!
Tune your ears to the sounds of chainsaws in the distance!!
Cheers smiife

Originally Posted by smiife

Hi guys,
I normally look both ways and if there is no one
around grab what I can and run like hell.........


.....
Cheers smiife

Just make certain you aren't in a conservation area, or dealing with vegetation of high conservation value. Some hefty fines for taking forest products in those areas illegally, includes fallen timber.

Under Australia's Torrens Titling system "Timber" is usually reserved to (i.e owned by) the Crown unless the rights to it have specifically been "granted" in a Deed Of Grant.

The management of the "timber" may rest with the local government authority on roads managed by them, transport department for "state roads"; another government agency for reserves and state forest assets; or a private entity that may have leased the forest estate or plantation estate.

I found out in nsw you can get a permit to collect wood from national parks for firewood and craft, but it must be fallen not cutting trees down and I think you need to do a chainSaw course!

Originally Posted by chuck1

I found out in nsw you can get a permit to collect wood from national parks for firewood and craft, but it must be fallen not cutting trees down and I think you need to do a chainSaw course!

Chuck1, I think you will find that you can get a permit to collect from State Forrests, not from National Parks.
Of course, i could be wrong.

In my neck of the woods as long as you are x distance from town no issues.

We have national parks/woodlands etc and trees are cut down collected etc for firewood without permits.

Everyone does it, well maybe not the "professionals" but there are plenty of weekenders that cut and sell firewood which I'm pretty sure is illegal.

We use to get firewood from all around this area and majority of the time no issues. Even along the national highways in sight of the road.

Originally Posted by Mobyturns

Just make certain you aren't in a conservation area, or dealing with vegetation of high conservation value. Some hefty fines for taking forest products in those areas illegally, includes fallen timber.

Under Australia's Torrens Titling system "Timber" is usually reserved to (i.e owned by) the Crown unless the rights to it have specifically been "granted" in a Deed Of Grant.

The management of the "timber" may rest with the local government authority on roads managed by them, transport department for "state roads"; another government agency for reserves and state forest assets; or a private entity that may have leased the forest estate or plantation estate.

Hi moby,
My comments were really "tongue In cheek",,, just a joke!
I know nothing about" australian torrens titling"
"The crown rights or deeds of any rights"
I think it can be a lot simpler than that by
just asking for permission before taking anything!
Cheers smiife

Originally Posted by smiife

Hi moby,
My comments were really "tongue In cheek",,, just a joke!
I know nothing about" australian torrens titling"
"The crown rights or deeds of any rights"
I think it can be a lot simpler than that by
just asking for permission before taking anything!
Cheers smiife

I knew that .... Unfortunately some people seem to think timber is a sort of "public domain" source free for the taking.

The legal eagles don't see it that way though, you know ignorance is no excuse .....