2022-08-09 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   9 AUGUST 2022




                                                   Page 34 of 71

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                             9 AUGUST 2022

                                                                                                     Noosa Shire Council
                                                                                  Guiding Principles for Tree Management
                 The most commonly encountered circumstances which give rise to legal liability exposure are outlined
                 below (from the Local Government Mutual Services Tree Risk Management 2021 Guide):
                 Falling Branches and Falling Trees:
                 Unfortunately there are numerous examples across Australia where falling branches have caused
                 fatalities and injuries to people in public places and on our roads. Although an otherwise healthy-looking
                 tree can fall or drop large limbs, the majority of risk in this category is from trees that are dead, or in
                 serious decline (dying). Existing case law from fatalities and injuries suggests that courts require a
                 rigorous inspection program and associated risk treatment in relation to trees in suburban and urban
                 areas, e.g. street trees and parks.
                 Tree Root Intrusion:

                 Councils are exposed to significant risks in relation to the intrusion of tree roots with resultant damage to
                 private property. For example, tree roots may be one of the factors that cause soil moisture changes over
                 time and result in subsidence and heave which may damage the foundations of buildings and lead to
                 expensive claims against Councils. Roots often enter water pipes when pipes are old and defective.
                 LGM receives a number of claims where tree roots had damaged the driveways of property owners.
                 Usually, the tree roots originate from street trees that have been planted by developers (often to comply
                 with landscaping plans approved by a Council as part of a development approval), by residents or directly
                 by the Council itself. Some trees pre-date driveways and should be factored into development or
                 operational works applications.
                 Tree Roots Lifting Footpaths:
                 The cause of many trip and fall clains made against Members often result from the presence of tree roots
                 under paved footpaths. As the tree roots grow over time, they force the paving upwards to create a
                 footpath displacement that results in a trip hazard for pedestrians, cyclists and other users. These risks
                 are exacerbated by the (often historical) planting of inappropriate tree species that tend to produce
                 horizontally protruding root systems at ground/surface level.
                 Storm Damage:
                 Risks also arise for Council where natural hazards such as convective storms or tropical cyclones result in
                 damage or destruction to trees. It is important to recognise that liability for loss or damage suffered by a
                 property owner does not automatically arise for Council in these circumstances; rather it depends on
                 whether it can be established that the Council’s negligence has caused the loss or damage.
                   5.0    Reactive Tree Management
                 5.1.    Assessment and Prioritisation Process

                 A significant portion of tree requests received by Council are considered “reactive”, in that they require
                 prompt assessment based on the information and situation described by the customer. Where a tree
                 assessment request falls outside the proactive tree management framework (outlined in Section 6.3), the
                 assessing Council Arborist or Tree Supervisor will determine the nature and priority of the request. If the
                 nature of the request requires a detailed assessment to determine the state of the tree and recommended
                 course of action, these requests are allocated to consultant arborists for assessment. The workflow
                 process for requests received and allocation is indicated in the flow chart in Appendix A.
                 5.2     Arborist Assessment Process and Decision Making

                 Consulting arborists are generally used by Council to undertake detailed tree assessments, which they
                 conduct on a weekly basis. All consulting arborists used hold current AQF Level 5 Diploma in Arboriculture
                 and have extensive industry experience. They also hold an International Society of Arboriculture (ISA)
                 Tree Risk Assessment Qualification (TRAQ). The consultants provide either a fairly simple or a detailed
                 tree report to Council staff, depending on the nature, scope and situation related to the request.
                 Tree risk assessment involves three components, each of which must be adequately considered:

                 Noosa Shire Council                                                                       4

                                                                                                               Page 34 of 71