South Australian Councils

In reply to the Hon. S.L. GAME ().13 November 2024).

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries): The Minister for Local Government has advised:

Trees play an important role in improving the amenity and appearance of our streets and suburbs and provide benefits to our communities and environment. Councils have responsibility for managing many trees as well as an obligation to manage risks to safety and infrastructure in their areas, including risks that may be caused by trees.

Under section 245(1) of the Local Government Act 1999 (the act), councils are not liable for damage to property which may result from a street tree. However, section 245(2) of the act also states that a council may be liable for any property damage if the owner or occupier of a property adjacent the road has made a written request to a council to take reasonable action to avert a risk of damage to their property from the tree and the council has failed to take reasonable action in response to the request.

These provisions have been in place since the commencement of the act.