By Kath Gannaway
YARRA Ranges Council last week voted to take the contractor responsible for the destruction of tree ferns along Myers Creek Road to court.
As reported in the Mail (11 November) a section of tree ferns between Toolangi and Healesville were “trimmed” by the contractor carrying out bushfire mitigation work for electricity provider SP Ausnet.
Local environment groups and the Shire of Yarra Ranges condemned the action and called for an investigation in to the incident.
The council heard on Tuesday (25 November) that an independent report commissioned by SP Ausnet had not been received at the shire but that an inspection by the shire’s senior arborist revealed 15 of the 28 trees were unlikely to survive, two showed signs of regrowth and a further 11 were given a chance of survival with rain and mild weather.
The report to council by the shire’s Asset Maintenance and Services Department said negotiations were progressing with SP Ausnet indicating they were considering an offer of a revegetation program and a capital works program to protect other areas of significant vegetation.
Rejecting a recommendation that the shire continue to negotiate a compensation package from SP Ausnet, the councillors supported an alternate motion by Cr Jeanette McRae which, subject to sufficient evidence, could see the shire pursue compliance action against the contractor in the Magistrates’ Court.
VCAT will also be asked to provide an enforcement order against SP Ausnet for rehabilitation works to compensate for possible breaches of the planning scheme.
The Manager Asset Maintenance and Services will continue negotiations to secure capital works improvements and net gains for the shire as the basis for the enforcement order.
Cr McRae said there was a demonstrated need for the council to be consistent on non-compliance issues.
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