Council warning over residential tree poisonings

Published on 28 September 2023

Council has investigated and acted on several reported cases of suspected tree poisoning in the City of Monash in 2023.

These have been single, established trees on residential sites, and in areas of the municipality covered by the Vegetation Protection Overlay (VPO). 

If a property is in a VPO-protected area, a planning permit is required to remove or destroy vegetation that is higher than 10m and has a trunk circumference greater than 50cm (16cm diameter) at 120cm above ground level.

It is suspected that trees are being intentionally poisoned so they can be removed without the need for a planning permit and therefore on the basis they are dead.

Holes have been drilled in the base of a tree’s trunk, and a tube with a poisonous substance inserted in the base of the tree. This, as well as rapid decline of a tree’s canopy, can be evidence of tree poisoning.

Parts of Monash are covered by a VPO to maintain and enhance the existing canopy, encourage regeneration of native plants and trees, and to keep and enhance habitat for native animals.

There are planning permit exemptions for

• Dead vegetation
• Certain tree species - all types of willows, radiata or monterey pines, evergreen alders, sweet pittosporums and desert ash
• Vegetation that presents an immediate risk to personal injury or damage to property – but only the part that presents the risk can be removed.
  
  

It is the responsibility of the landowner to ensure a planning permit is applied for and obtained, or that an exemption is met prior to the removal of any vegetation.

Council can provide a free arboricultural advice service to residents in affected areas, when there is uncertainty if a planning permit is required, or to confirm an exemption is met.

Council investigates and takes all reports of tree poisoning seriously. We will take appropriate action and will send samples of affected trees to a laboratory to be rapidly tested for poisonous substances.

The current penalties and actions for poisoning a tree include:

• An official warning.
• A Penalty Infringement Notice (Individual $961.55), Company ($1923.10).
• Magistrates’ Court proceedings with penalties of up to $230,772, and $11,538.60 for each day the offence continues. If convicted, an offender can end up with a criminal record.
• Victorian Civil and Administrative Tribunal (VCAT) proceedings for an Enforcement Order.
  
  

Council will seek costs in all cases that are presented to a magistrates’ court or VCAT.

If a resident is concerned about the health of a tree or suspects it has been poisoned, they can contact Council on 9518 3555.

For more information about trees and the VPO, please see Vegetation Protection Overlay (VPO).