Barry Bourke Motors and its hired tree removalist have been fined for illegally felling five significant-listed trees in front of the Berwick car dealership.
Three of the spotted gum trees stood on City of Casey’s road reserve, two were nearby on BBM’s land at 755 Princes Highway.
All five were protected as part of the Casey’s significant tree register of about 1864 specimens.
On 18 July, tree remover Ralph Iosefo pleaded guilty at Dandenong Magistrates’ Court to his role in the fellings.
A prosecutor told the court that the trees’ aggregate costs were estimated at more than $550,000 due to their age and significance.
During routine inspections every three years, there had been no health concerns raised about the “unique” and “significant” gum trees, the court heard.
Casey Council says it was alerted by a community member to the trees’ destruction over two successive weekends in June.
Witnesses observed a “professional-looking operation“ with teams of six men cordoning off the service road and lopping the trees.
Iosefo, who has run Hurricane Tree Services for 10 years, later told Casey officers he was unaware of the trees’ protected status.
He had not checked whether permits were obtained for the removals, the prosecutor said.
Iosefo had said he was hired by BBM after a branch from a tree had fallen into the car yard.
The trees were also reportedly regarded as a trip hazard due to their prominent roots, and a flooding hazard due to blocking street drains.
On 15 February, BBM pleaded guilty to two charges related to the spotted gums’ removal.
The dealership was fined $40,000 and ordered to pay Casey’s costs of $7,443.50.
In dealing with Iosefo, magistrate Hugh Radford said he accepted that BBM was the “main culprit“ and had received a “significant” fine.
But he told Ioefo that “it should have been clear to you that a permit would have been required, on the basis of the trees being on the verge of the footpath.”
Iosefo had no prior convictions.
He was fined $1200 without conviction and ordered to pay $1500 costs to Casey.
Casey’s significant tree register includes more than 1000 River Red Gums, exotic and native species, and trees along Casey’s Seven Avenues of Honour.
The list is currently under review to ensure it’s up to date.
A spokesperson for Barry Bourke Motors said “The fine as ordered by the court was paid.”
