The arborist at the centre of a dispute over the denuding of branches of a mature Melaleuca tree in Sorrento Crescent did not have Council permission to commence work, Douglas Regional Manager, Liz Collyer, said.

As reported in The Newsport article 'Resident confronts tree loppers' (Tuesday 20 September) Port Douglas resident, Sandra Simpson, alerted Council after a number of branches were removed last Friday.

When Ms Simpson confronted employees of the arborist as they worked on the tree, captured on video with Ms Simpsons iPhone, she was apparently told the tree was dangerous and needed to be removed. Ms Simpson said workers also told her they had permission to remove the tree.

"The Melaleuca tree was apparently damaged during the cyclone, and the owner of the land commissioned the tree lopper to remove the tree," Ms Collyer said.

Ms Simpson disputed that claim saying the tree was perfectly healthy. She said that the motivation for the removal of the tree was to help sell the block of land which she says has been on the market for five years.

Ms Simpson claims to have recorded evidence of the agent employed to sell the block, saying that the tree should be removed to make the land easier to sell.

Trees in Port Douglas are protected under Local Law 56 Vegetation Protection, and permits are required to undertake such work.
 
Ms Collyer told The Newsport that Council officers inspected the tree on Monday and have provided an application for the clearance of "protected vegetation" to the arborist, but did not commit to penalising the business owner for undertaking the work illegally.

"Once Council has received an application for the Clearance of Protected Vegetation, Council may at its discretion, request an arborist report from the applicant to assist with the decision to grant or deny a permit to clear the protected vegetation."

Ms Simpson said that there is no deterrent for land owners and tree loppers not to continue the practice of illegal clearing.

"I think that Council can, and should, be imposing penalties, heavy penalties. They haven't done anything in the past, they've just got away with it.

"They (tree loppers) come out and clear the trees and the Council gives them a wrap over the wrist and say 'don't do it again' and of course they do because they get thousands of dollars to remove these trees, they actually get rewarded for it.

"I don't feel too hopeful."