Supreme Court says 'stop the chop'
Big Fig Tree Fight
A stay of execution for the big fig in Rex Smeal Park has been granted by the Supreme Court of Queensland, with community crusaders Melina Capogreco and Yolanda Passlow winning a stop work order until a hearing on November 16.
The women worked through the night on Monday to lodge an appeal with the courts at 6am yesterday as tree removal contractors moved into position to start work on cutting limbs from the tree overhanging the Green Ant playground.
Despite Douglas Shire Council and contractors MPDT being handed the court notice of an 11.30am hearing, the chainsaws started and work began on the tree takedown.
The court session, conducted via video link with the Supreme Court, Brisbane, and before Honourable Justice Darlene Skennar, lasted around 20 minutes with the next hearing set down for November 16.
Mrs Capogreco and Ms Passlow argued the matter, with no legal representation. Tom Wild represented Douglas Shire Council.
“I couldn’t understand much of what was said,’’ Mrs Capogreco said.
“It was said that the Council did not know that they had been served with the paperwork when they started the work to cut the tree.
“We tried to serve them at 6.25am and the trimming went ahead still”
A key to the success of their action, Mrs Capogreco said, was the failure to produce a species management permit by the senior ecologist on site overseeing the work.
A number of bird nests with hatchlings were discovered in trees adjacent to the big fig tree inside of the work exclusion zone, with bats also disturbed in another neighbouring tree.
“We put forward evidence that the work that was taking place was interfering with a breeding habitat,” Mrs Capogreco said.
It was also alleged that there was not a native fauna catch person on site during the works, a detail that was raised by DETSI staff who did a brief inspection of the works underway.
“Everybody keeps helping me. People keep calling me and asking for more information. People want information about this decision,’’ Mrs Capogreco said.
“Hopefully some lawyers will call us and offer their help. We have started a GoFundMe to help with the costs which have so far been covered from our own pocket.”
Douglas Shire Council provided a statement late Tuesday to inform it had ceased work to remove the decaying fig tree at Rex Smeal Park as the matter is now before the courts.
"No further work will take place, and an exclusion zone around the site will remain in place until the matter returns to court in mid-November 2026," the statement said.
"The Rex Smeal Park playground will remain closed during this time to ensure public safety.
"Council will make no further comment while the matter is being resolved through the court process."
