Claims regarding trees on public land

We manage our public trees by conducting:

• visual tree assessments and reports
• pruning
• mulching
• weed control at the base of trees
• pruning mature trees where required and
• tree removal where required.

It is an offence under the Local Government Act 1993 and the Environmental Planning and Assessment Act to remove, prune, or otherwise interfere with a tree located on public land.

We may take enforcement action where a person (or persons) undertakes illegal tree works. Such enforcement action may include:

• the issue of a Penalty Infringement Notice or the commencement of legal proceedings in the Local Court of NSW, or the Land and Environment Court of NSW. We may also seek court orders for the replacement of public trees and to maintain any replacement until maturity.

If a public tree requires maintenance, has suffered damage, or appears to be causing damage to a footpath, contact us to report the matter. We will assess the situation and determine the need for maintenance and the priority of any work required.

You should not prune or remove public trees yourself. The NSW Local Government Act 1993 makes it an offence to interfere with a plant in a public place.

As living things, trees at times can be affected by their surroundings and decline or fail, particularly during extreme weather events. The cause of these failures is not always obvious and can be related to other factors such as saturated soil or past development.

If a tree fails and damages property, we recommend you contact your insurance company regardless of whose land the tree was on.

It is highly unlikely that we will be liable to pay for compensation for claims relating to:

1. Shedding – trees are a natural part of the environment and the shedding action of trees is beyond our control
2. Weather events – weather events are out of our control.

If you have tree damage caused during a storm contact the State Emergency Services on 132 500.

Please note that it is highly unlikely we will be liable to pay compensation for claims relating to:

• falling trees and branches are a natural part of the environment and the shedding action of trees is beyond our control and
• extreme weather events that are out of our control

If a tree fails and damages property, we recommend you contact your insurance company regardless of whose land the tree was on.

If you wish to make a claim against us relating to a tree or branch failure that causes damages to your property, you will need to complete and submit a Claim for Compensation form with mandatory evidence to support your claim.

You will need to provide documented evidence or proof to support your claim such as:

• photos of the alleged damage
• professional expert’s reports (e.g. consulting arborist's report or other extrinsic evidence) that demonstrate our trees have directly caused the alleged property damage.
• invoices/receipts for repairs.

Completion and acceptance of your Claim for Compensation form does not represent our admission of liability or waiver of our rights.

All claims are managed by our external insurance managers on our behalf. You will be contacted in writing to acknowledge your claim by either us directly or our representative. Once the claim has been investigated and a decision has been made, you will be advised of the outcome in writing.

The process of investigation and determination can take time. Obtaining information from third parties, contractors or witnesses can be time consuming and claims resulting from negligence are often complicated. We ask for your patience and co-operation during this time.

It is highly unlikely we will be liable to pay compensation for claims relating to damage that has occurred to your sewer or stormwater lines from tree roots. Studies have shown that tree roots will not enter or penetrate a sewer line unless the sewer line is cracked, porous or the like. However, upon a minute crack occurring, nutrients will enter the soil and tree roots will become invasive and seek the source of the nutrients.

The maintenance and replacement of sewer and stormwater lines is the responsibility of the property owner.

You will need to provide documented evidence or proof to support your claim that our trees have caused damage such as:

• photos of the alleged damage
• professional expert’s reports (e.g. consulting arborist's report, a plumber's report or other extrinsic evidence) that demonstrate our trees have directly caused the alleged property damage.

Please ensure you submit your claim application along with evidence before undertaking any repair work. Do not prune or remove trees associated with any claim.

• A copy of the sewer main or services plan for the property that can be obtained from Dial before you Dig or phone 1100 (free service)
• a clear, recent aerial satellite image of the property address and surrounding neighbours, clearly showing structures and vegetation available on Google Maps or a sketch showing structures and all vegetation
• a report prepared by a licensed plumber and/or other appropriately qualified service provider that includes:
  • business name and details, address of property inspection and methodology used.
  • pipe type, age and condition, other contributing factors and options to repair the pipe at point of blockage.
  • clear and concise plan of the property’s sewer showing the location of all pipe work, direction of flow and the location of the blockage identified on the plan.
  • the map must clearly and accurately identify the layout of the private sewer system and blockage location and the plumber's entry point for the internal inspection. Residents may have to engage the services of a plumber, building designer or surveyor to produce such plans
  • provide suitable evidence, including clear relevant photographs and references to support claims/recommendations.

Details regarding pipe layouts may be obtained from survey plans or building plans. A plumber may be able to map all pipe work onto a building plan. Alternatively, Sydney Water may have records of submitted plans.

A structure is anything that has been constructed on the private property with the appropriate approval or consent of the relevant authority.

We do not carry out investigations on private land. In order to demonstrate root interaction, the claimant will need to engage a professional person (e.g. Arborist, Engineer) to carry out localised excavation on the private property at the point of suspected contact between roots and structure. Any tree roots should be uncovered carefully and left intact with no damage to the outer layer. Property owners or their agents should not cut and remove tree roots.

Caution is to be taken prior to excavating. Dial before you dig plans should be sourced, by phoning 1100 or visiting Dial before you Dig, to assist in locating the underground utilities. Residents should adequately determine location of private services, such as water gas/electricity and phone lines to prevent damage or personal injury. A qualified trade person may be required to safely locate all services.

Caution should also be taken when excavating near brick footing walls or fences above 1.0m high as a full-length trench excavation may destabilise the wall/fence.

1. a clear copy of the most recent aerial satellite photo of the property address and surrounding neighbours, clearly showing structures and vegetation available from Google Maps, or a sketch depicting structures and vegetation
2. tree root diameter, direction, type, whether it appears to be alive or dead and distance to tree/s should all be measured and recorded.
3. clear, concise photos showing any direct interaction of tree roots to structures at varying zoom, so as to show the interaction and provide reference to surrounding structures and the property, i.e. photos should have reference to direction and scale by including background structures or using objects of generally known size, e.g. sunglasses
4. relevant independent professional reports are required to support any claims alleging structural damage and the following information, as a minimum, is to be included along with all relevant business details:
   1. business name and details, address of property inspection and methodology used
   2. Engineer's reports (where supplied) should also detail the structure’s integrity and standard of construction, including footings, and provide evidence to support any claims made regarding alleged damage by our trees
   3. identify any/all contributing factors including but not limited to: soil type, subgrade, reactive soils, mine subsidence, age of the structure, earthquake, storm, or flood damage
   4. demonstrate that any tree roots are directly interacting with the structure or that the surrounding material is creating pressure between roots and structure
   5. consulting Arborist reports are to include suitable evidence, including relevant photographs, observations and significance of those observations.  Identify all existing and recently removed trees on your property, immediate neighbours and public land together with soil composition.
   6. clear evidence and rationale must be provided, where it is claimed that removal is the only reasonable option to avoid further conflict

A driveway is deemed private property from within the property boundary to the roadway and is the responsibility of the property owner to maintain.

In order to demonstrate root interaction, you will need to remove the entire (or section) of driveway crossover on our land as part of your driveway replacement .

Prior to commencing any work, you will need to gain approval from us under section 138 of the Roads Act, 1993 to remove the entire (or section) of driveway crossover on our land .

Once an approval is obtained and prior to any works commencing, arrange for our Arborist to inspect the exposed site by providing a minimum 10 working days’ written notice to contact us online prior to driveway removal. Our Arborist will report on the presence or absence of tree roots and any interaction.

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1. evidence of the driveway's construction, methods and materials used to confirm that it met appropriate standards at the time of construction
2. evidence that appropriate Council approval was obtained at the time of constrution.