Monash Council has successfully prosecuted an owner over the illegal poisoning of 10 significant trees at a property in Wheelers Hill.
Following a complaint from a concerned resident, Council officers undertook an in depth investigation testing the 10 trees at 286-292 Jells Road, Wheelers Hill for poisonous substances. Laboratory results found the material taken from the trees to contain glyphosate commonly known as 'Roundup', a weed and grass killer.
The property owner was subsequently charged with 10 counts of damage or destruction of vegetation protected under the Monash Planning Scheme's Vegetation Protection Overlay.
The owner appeared at Dandenong Magistrates' Court in August 2019 and pleaded guilty to all 10 charges.
The Court fined the owner of the property a total of $60,000. There was no conviction recorded. The owner was also ordered to pay Council costs of $4,701.60.
Mayor Shane McCluskey said the outcome was a significant win for Council and the Monash community.
"This is one of the larger cases of destruction of trees that we have seen and it's extremely disappointing. Our prosecution of this sends a message that we won't tolerate this destruction in Monash," Cr McCluskey said.
"We know trees are important to our community and Council will pursue multiple forms of enforcement when we find people doing the wrong thing.
"This case sends a strong message to developers and property owners that the illegal removal or poisoning of protected trees will be strongly enforced."
Alongside pursuing criminal charges, Council also obtained an enforcement order from the Victorian Civil and Administrative Tribunal to require the owner to not only re-plant 10 advanced trees, but to also provide ongoing reports by an arborist on the health of the new trees, submit a Landscape Revegation Plan, and to ensure the trees were maintained a minimum of 10 years.
The owner was also ordered to pay Council's costs of $6000, costs of the application filing fee of $1213.30, and costs for the preparation and lodging of the enforcement order to be registered on the land title for future landowners to be aware.
Anyone with concerns about illegal tree removals is encouraged to contact Council's Planning Investigations Team on 9518 3555.
