Council requires evidence from claimants prior to considering a claim relating to alleged incidents caused by trees located on Council controlled property (public land).
The onus lies on claimants to provide sufficient evidence or proof to substantiate their claim. This may require providing photographs, professional experts' reports (eg consulting arborist's report or a plumber's report or other extrinsic evidence) to demonstrate Council trees have directly caused the alleged damage.
In order for a claim to be considered, evidence must be provided to Council for consideration prior
to undertaking any repair work.
Please note that under no circumstances are Council trees to be pruned or removed by residents.
- It is an offence under section 629 of the Local Government Act 1993 to trim, prune, remove, wilfully damage or injure a tree located on public land
- Council may take enforcement action against any person who breaches the Local Government Act, 1993 by trimming, pruning, removing, wilfully damaging or injuring a tree located on public land
- Such enforcement action may include the issue of a Penalty Infringement Notice or the commencement of legal action in the Local Court of NSW or the Land and Environment Court of NSW. Council may also seek the treatment or replacement of public trees and an order to maintain any replacement until maturity.
Below is a guide to the minimum documentary evidence required by Council for claims relating to alleged damage to sewer and stormwater, structures, driveways and fences or walls alleged to have been caused by Council trees.