Right To Information requests seek fig tree answers
Big Fig Tree Fight
Council must respond to at least three formal Right To Information requests by community members seeking the full details of arborist reports central to the decision to remove the Rex Smeal Park fig tree before the matter goes to court on November 16.
In a statement released by Douglas Shire Council late Tuesday, it outlined it would make no further comment on the matter given it was now with the Supreme Court.
"Douglas Shire Council has ceased work to remove the decaying fig tree at Rex Smeal Park as the matter is now before the courts,'' the statement said.
"Council will make no further comment while the matter is being resolved through the court process."
But at least three Right To Information - Freedom Of Information - applications were lodged in time to demand a response from Council before that Court hearing.
Council has 25 days to offer an initial response to an RTI applicant, a point confirmed by Councillor Damien Meadows who was tasked with being the public face to first announce the decision to remove the tree. It is understood more than the three applications Newsport is aware of had been lodged in time to qualify for a pre-November 16 hearing response, most on the eve of that date in Court.
Petitioner and the driving force in the court action, Melina Capogreco, is one of the RTI applicants.
She has maintained she can accept the removal of the tree if it is clear in the arborist reports that there is no other option for its retention.
"But we have not been given the arborist reports, nobody but council has seen the reports," she said.
"This has all been rushed and done without the community being consulted or informed, without the transparency such a significant decision and action requires.
"There are experts in our community, independent professionals in this field who have a very different view of what needs to be done and the risk of this tree to the public."
DETSI officers onsite on Tuesday, October 20, shortly before tree removal contractors MPDT downed tools reported to officials they had not observed a required fauna catcher in place during the work. Wildlife rescue representatives also allege a required Species Management Permit was not produced by the Senior Ecologist overseeing the works.
A stay of execution for the tree was ordered in a Supreme Court hearing Tuesday morning, but only after contractors had started lopping branches despite knowledge of that hearing.
The workers downed tools mid-morning in response to a phone call from the courts to Douglas Shire Council, which has been ordered to stop work until the hearing on November 16.
Council will keep the exclusion zone fencing in place, the children's playground off limits as a result.