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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-06-16 Daily Xml
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SIGNIFICANT TREES

The Hon. S.G. WADE (14:53): I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations a question about neighbourhood disputes with respect to trees.

Leave granted.

The Hon. S.G. WADE: A publication entitled 'Trees and the law—a guide for neighbours' by the Legal Services Commission of South Australia states:

The Local Government Act 1999, section 254, gives councils the power to clean up private land, including trees. A council may order an owner or occupier of a property to remove overgrown vegetation, cut back overhanging branches, or to remove a tree where such growth creates or is likely to create, danger or difficulty to persons using a public place or is unsightly and detracts from the amenity of the local area.

If requested by an affected neighbour, a council has the power to require the owner or occupier of an adjoining property to remove or cut back encroaching vegetation (Local Government Act 1999 section 299(1)). However, councils have indicated that they do not wish to be involved in neighbour disputes so this is not a likely option.

I have been approached by Mr Bill Thomas, a resident of the City of West Torrens, who sought to have an itchy tree removed from an adjoining property. The council declined to issue an order under section 299, suggesting that neighbours should use civil action. I note that that is consistent with the predicted action by the Legal Services Commission.

The tree allegedly subsequently damaged the resident's property. The opposition understands that there is significant diversity in the approach of councils to the use of sections 254 and 299 between cases in one council and between councils. I understand that Mr Thomas has corresponded with minister Gago and her predecessor minister Rankine.

I ask the minister: does the government consider that local councils are sufficiently proactive in the use of sections 254 and 299 to support the timely and cost-effective resolution of neighbourhood disputes with respect to trees?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (14:55): Neighbourhood disputes involving trees and such like are common. I may have received some correspondence (I am not sure of the name of the person to whom the honourable member is referring) from that person and am waiting to get advice to respond to it. It is a matter for local councils. Neighbours can have very different viewpoints about what is an encroachment and something that is potentially damaging or getting in the way of their property or affecting their amenity in some way in terms of views, leaves dropping, berries that stain footpaths, and so on. It can often cause quite significant agitation among neighbours and end up in a great deal of letter writing between ratepayers and their local councils.

Generally speaking, it is a matter for local councils to deal with. If property owners believe such a matter is not being dealt with appropriately, I am happy to hear from them and look into their situation. However, I encourage neighbours to work out these matters at a local level with their neighbours, as that is always the best way to resolve things, and to try to communicate well; and, if not, to involve the local council. If they believe the local council is not addressing their concerns according to the appropriate legislation, I am happy to look into it.

Members interjecting:

The PRESIDENT: Order!

The Hon. D.W. Ridgway interjecting:

The PRESIDENT: Order! The Leader of the Government and the Leader of the Opposition will come to order.

The Hon. D.W. Ridgway: He started it.

The PRESIDENT: Order! Dobbing does not impress the President, either!

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