Kingborough Mayor, Paula Wriedt said Council have decided to seek further legal advice from a Senior Counsel on the possibility of creating a separate Tree By-law.
“The removal of Clause 25, Removal of trees provision, from the Health and Environmental Services By-law drew a considerable amount of concern from the public, with 184 submissions received.
“During our recent review we were advised by our solicitors to remove the previous Part 7 Clause 25 Removal of trees provision from the Health and Environmental Services By-law.
“They cited that Clause 25 is contrary to law and in conflict with the planning scheme.
“Given the level of concern in the community about this predicament it’s appropriate that we should seek additional, independent legal advice.
The Kingborough Mayor, Paula Wriedt said it was important that these by-laws are in place to provide for good governance within our municipality.
“By-laws expire 10 years after the date on which they take effect, and the Government will only consider a by-law that is certified by a qualified legal practitioner,” Cr Wriedt said.
“In order to make sure that the by-laws could proceed and provide for the health, safety and welfare of our community, Council decided to pass the Health and Environmental Services By-law without the prior Clause 25 related to removal of trees.
“Despite going forward without this provision, Council remains committed to Kingborough’s natural environment.
“For 20 years, our Council has shown its commitment to protecting trees in Kingborough through the application our by-laws and the biodiversity offset.
“We are in fact the only Council in Tasmania that has had tree removal permitting provisions within a by-law and it has been working well in Kingborough for 20 years.
“If Senior Counsel advises that we can create our own separate Tree By-law then we will proceed with that, should advice prove otherwise we will look at strengthening other mechanisms we have at our disposal.
“I want to assure our community that Council is committed to maintaining Kingborough’s natural beauty.”
At the 16 August Council Meeting, four by-laws providing for the health, safety and welfare of our community were passed.
Those By-laws are:
- Marine Facilities By-law No.1 of 2021
- Health and Environmental Services By-law No.2 of 2021
- Parks, Recreation and Natural Areas By-law No.3 of 2021
- Roads and Parking By-law No.4 of 2021