r/GardeningAustralia • u/SupTheChalice • 20h ago
Big gum tree killed by council clearing. Is compensation possible? Qld 🙉 Send help
I'm sorry for any mistakes but I just don't know who to ask. I have a section that's quite full of trees, the biggest and most beautiful a huge HUGE gum tree. A very healthy tree. A few months ago the council did fire prevention clearing of the undergrowth. They do this periodically and charge about $2k. This time is was different? They used a bobcat despite the undergrowth only being thickish fern. I've had about three or four smaller trees fall since, which I'm not too concerned about but now the big gum is dead I'm sure of it. I don't know what to do? I'm incredibly sad about it but isn't it also a risk to fall? The cost to take it down will be astronomical but it was also the most beautiful part of the property, the best part of it. I thought big gums were protected too? Does any of that matter of am I just screwed now and have to pay for removal? I don't even know how that's possible, The stump would leave a hole the size of a truck in the ground and the roots are probably all the way into one neighbours property. Can anyone advise me?
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u/vsfitta 13h ago
Have a look at Australian standard as4970 2009 which is about protecting trees on development sites. Excavating the top 100mm of soil with a bobcat could cause a tree decline and would be inconsistent with the standard.
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u/SupTheChalice 13h ago
Thanks for that. Yes it was strange, normally they just send a guy in with a strong whippersnipper as it's only ferns but this time a bobcat with a blade? They definitely turned over the soil. Which is why the smaller trees got destabilised. Three fell over about a month after. Thanks for your help. I feel a bit silly because I'm so sad about it. I had plans for the block that all centred around not compromising that tree. I felt like I needed to protect it and now I feel like I failed.
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u/vsfitta 11h ago
There is an area of at least 2 m from the trunk of a tree that is the structural root zone, which if the excavation occurs in this area it can translate to tree collapse. Perhaps ask the council for replacement plantings?
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u/SupTheChalice 8h ago
I'll take some pics tomorrow if the rain eases up. They can't replace a giant tree but I'm worried about what will happen now because I can't afford to get it taken down. I can't even imagine the cost of that. If it fell there are definitely some problems and danger that's going to cause depending on which way it goes. It does get pretty windy here and the soil is pretty light with lots of sand so it's definitely going to happen at some point if it's dead. Which I'm 95% sure it is unless it starts pushing out some green. Pics tomorrow
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u/AdAdministrative9362 6h ago
Which arguably isn't relevant.
The reality is any mechanical slashing / mulching etc will disturb soil. Hand held whipper snipping won't mulch everything small enough.
Is there obvious physical damage to the tree? I struggle to imagine a healthy big eucalyptus would be killed by mulching around it once. Not unless there severely mulched the roots. Which would be easy to find evidence of.
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u/nathangr88 17h ago
I can't see how Council's undergrowth clearing would damage a healthy gum enough to kill it, but I would be suspicious of poisoning.
Before doing anything I'd check to see if someone has poisoned your tree.
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u/SupTheChalice 15h ago
I can't see a reason why it would be poisoned. It's in the middle of the section, it's not blocking light or views for anyone. If it fell it wouldn't damage anything except our fence. The section next to it was cleared and they are starting to build there but the tree was dying before that started and it's not near that property at all. Like if it fell it could possibly damage the house they are proposing to build but not destroy damage it. And it was healthy so killing it would just make it more likely to fall. Thanks for answering. I'm just really confused and the clearing is the only thing that's happened on the section for over a year.
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u/aquila-audax 18h ago
The gum might only be protected if it's listed as a significant tree, but that will depend on where you are. Your local council's website, and possibly a state govt dept, will have more info.
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u/SupTheChalice 15h ago
Thank you. I did read they were all protected after a certain height or age but I'll look further into it. Probably pointless though really. I doubt I could prove anything and I'm just heartbroken about it.
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u/aquila-audax 15h ago
You could maybe get an arborist in to assess it. If the clearing ringbarked it, they shoild be able to tell and give you a report on it.
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u/SupTheChalice 14h ago
Thank you.
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u/rooshort_toppaddock 7h ago
This is probably the best answer, getting an arborist to do an inspection and report shouldn't be too expensive if no climbing or cutting involved. Get an expert opinion before doing anything, independently of council.
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u/Dannno85 17h ago
How would clearing undergrowth with a bobcat kill a large gumtree? That doesn’t make sense.
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u/Small_Garlic_929 12h ago
Compaction of the critical root zone. Ive worked new development landscape projects and all the large trees had denoted Tree Protection Zones and contractors could be fined if heavy machinery was used within them.
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u/SupTheChalice 15h ago
That's the only thing I can think of that's happened though. And other smaller trees fell after it was cleared. Maybe it was ring barked? I can't go over to see closely rn because it's pouring rain. But I've just been watching this tree go from green and healthy to completely brown and none of the other gums in the area are brown.
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u/pork-pies 10h ago
Odd that council is doing fire prevention clearing inside your property?
Also, without proof I’m not sure what kind of legal standing you’d have.
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u/SupTheChalice 8h ago
They clear all blocks with undergrowth for fire prevention. There's a lot of bush here. You can do it yourself or just pay them.
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u/the_amatuer_ 19h ago
r/AusLegal
Try there.