Tallest Tree complaint

Larry O'Loughlin
Office of the Commissioner for Sustainability and the Environment

December 3rd 2009

Dear Larry,

Thank you very much for your written acknowledgement of my oral complaint made on November 29th at the site of the 'Tall tree' (which according to the late Lindsay Pryor, is Canberra's tallest tree, not just the tallest tree in the Heritage precinct of Corroboree Park Ainslie).

I acknowledge that the  Commissioner is not conducting an investigation.

I am happy to wait until she has obtained the information she needs to respond to my complaint.

Given the urgency attaching to the tree's condition, I expect she will be able to get this information from the agency soon!

I will look forward to her written reply.


I would be glad if you would pass on to her my thanks that she was willing to receive an oral complaint.

These are quite difficult circumstances in which to operate and it is greatly appreciated that she is willing to respond when matters come up so suddenly.

In the interests of assisting her I have reiterated my concerns and my questions in writing here, as voiced on Sunday afternoon in the freezing cold by the tree when I passed by and was invited to join a discussion about the Corroboree tree and this tree.



I would be glad if you would forward this complaint to the Commissioner:

Written record of oral complaint concerning TAM's mismanagement of Canberra's tallest tree, and public safety risk caused by mismanagement of the 40 metre eucalyptus viminalis on north east border of Corroboree Park Ainslie

1. DETERIORATION OF TREE TO DANGEROUS STATE

 Regarding the conditions identified by your expert advisers in this tree - the fungal growth and rot due to bird damage (and any other causes), what is a good reasoned estimate of the time frame in which this deterioration could have happened? (I understand of course that The Commissioner's aborist  in attendance was not willing to say on the spot on Sunday but an approximate time frame would be possible).

2.. TAMS PAST ASSESSMENT OF THE TREE

What is the record of past assessments made by TAMS of this tree -

(a) on what dates did they assess the tree?

(b) by what methods?

(c  )what were their findings and opinions about the tree?

( Do they have evidence showing when(if) they understood the significance(s) of the tree, such as its height, presence in a heritage area/other and if so what is the evidence showing how they factored those matters in to their opinions about the tree and its ongoing management up until now?)

I understand that this species has a life span of 250-300 years. I am aware that urban trees typically have a shorter span but given that the tree was reportedly planted in 1950 (Lindsay Pryor) are they able to say why it has had such a short life despite reaching its full maturity? (Hopefully reports of ongoing assessment by TAMS may shine light on this).

A written record of the evidence would be needed to satisfy this question.

3. How was the tree able to reach this perilously dangerous condition, in which there is rot and fork weakness from bird damage in numerous places, and a limb has fallen which would have killed anyone under it, without  effective action being embarked on until it shed the major limb some weeks ago?

4. I am also, along with others at the tree on Sunday, concerned to know on what basis TAMS agreed that the whole tree must be urgently felled.

 In other words, at the time they agreed to its felling, last Friday November 27th, (not since bringing in a cherry picker the next day obtaining fresh evidence) what evidence did they have of  irreparable or dangerous damage to the stem - as opposed to branches or forks? A copy of that evidence would be needed to satisfy this query).

5. I was contacted by Mr Robert Neil very recently  to say that his department knew the tree had shed a large branch and was investigating it. He said they would be doing  'intensive studies' and would bring an expert from interstate. I am aware also that they spoke with your office to this effect. I asked on Sunday why these tests had not been conducted, yet TAMS had put out a media release announcing the entire tree would come down after 4 days. I acknowledge the reply given by one of your staff (that TAMS could not afford the $3,000 fee to probe the trunk) but would like to hear the agency's explanation of how they arrived at that evaluation of the matter - was it cost alone for example?.  Myself and another resident also asked whether TAMS had inquired at ANU to see if any local expert could do such intensive studies. We would like to know on this point.

I am interested in these matters because I believe it is vital that the public be able to trust TAMS to do the right thing by our urban trees and public safety in this period.

They have been required to call a halt to felling whilst a general investigation by your office is under way concerning their management of CAnberra Urban forest. However they announced that they will still remove trees believed to be a risk to the public. Yet they missed the 'tall tree', moving in only when it shed a limb so huge it would have killed anyone under it - and even then they did not move immediately to establish correctly the actual condition of the tree and thus degree of risk before saying they'd take it out in its entirety (and then changing their minds, and now maybe again). In fact, their real and serious involvement with this issue appears from the evidence we have to be time-coincident with your own intervention, which raises the concern as to who is effectively directing this section of  TAMS regarding public and tree safety right now.

This is not the only current example where public safety is being compromised. There are others where TAMS has felled trees, yet they have not been able to provide evidence to convince the public that the trees were unsafe, sufficient to counter the evidence suggesting otherwise.

Based on experience It is reasonable to infer that we and trees are being put at risk by departmental neglect and mismanagement and  to require evidence from the Department - facts in writing and not merely reassurances in writing or orally, either directly or channeled through others - whilst you address systemic matters underlying this situation through your investigation.

I continue to recommend as I have in The Canberra Times, on radio and elsewhere that, in the period of your investigation and until new and improved management is seen to be in place for our urban forests,  the Chief Minister, in conjunction with yourself, should appoint interim independent consultants to be responsible for the identification and management of urban trees where safety and felling or major management is an issue, including the supervision of TAMS staff working in this area, in the interests of public trust, public safety and to protect our precious trees from mismanagement.

With best wishes,

Yours sincerely,

Katherine Beauchamp

"Branxholme"

7 Corroboree Park

Ainslie

ACT 2602


PS I note in passing that (again) the Department (intentionally or otherwise) has been selectively informing residents of developments with the tall tree. As an example, a neighbour as close to the park as myself received a notice concerning the tree this week and we did not.

CC Chief Minister Mr Jon Stanhope, Minister for Environment Mr Simon Corbell
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On 02/12/2009, at 11:45 AM, OLoughlin, Larry wrote:


Ms Katherine Beauchamp


Dear Katharine

I am writing to confirm that that the Office of the Commissioner for Sustainability and the Environment has received your verbal complaint about the management of the tall tree in Corroboree Park as made on Saturday 28 November 2009. The Office is seeking information from the agency regarding the issues you have raised.



I emphasise that at this stage the Office is not conducting an investigation but is securing information to be able to respond to your complaint. If you would like to discuss this matter you can contact me 02 6205 8326.



Yours sincerely



Larry O'Loughlin

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Larry O’Loughlin

Office of the Commissioner for Sustainability and the Environment
T 02 6205 8326