Tree and vegetation vandalism ~ policy review 2025

Tree and Vegetation Vandalism Implementation Plan for Council managed land is to provide community confidence through provision of a transparent implementation guide to this policy, including the various assessment guidelines and tools.

This policy and its implementation plan will assist community to appreciate the range of options available to Council including enforcement, deterrent, incentive, education, involvement and rehabilitation actions and processes to minimise vandalism, recognising that each site is different, and a standard response may not be optimal. 

Effective responses need to be quick, predictable, consistent, fair and well-resourced. Implicit is that:

• Council undertakes community education as to the likely immediate response to such vandalism and implements that consistently. 
• Council must have the resources on hand and pre-approved to act quickly commensurate with Table 1.
• Appropriate in-house qualified staff, including a qualified arborist, facilitates informed and immediate assessments and response.

Regulatory Enforcement 

1. To ensure a predictable, consistent and fair response when responding to Vegetation Vandalism events:
   • Council will implement the steps set out in Figure 1. 
   • Council will identify relevant staff responsibilities to establish clear lines of communication between those who are involved. 
   • Council will employ a multi-criteria standardised assessment to determine the significance of tree and vegetation vandalism impacts. 
   • Council’s response to vandalism events will reflect the significance of the impacts in accordance with Table 1. 
2. Council will immediately and publicly recognise onsite all tree and vegetation vandalism commensurate with the significance of the damage according to Table 1.
3. Council will assess the retention value (Very low, Low, Medium, or High#) of the vandalised tree/s or vegetation in accordance with 
   • Port Stephens Council Tree Technical Specification# which takes into account the following factors: significance of the tree; the tree’s life cycle stage; the profile of the site; the tree’s safe useful life expectancy; the environmental effects; the target where the tree could fall; damage caused; the cost of remediation 
   • Port Stephens Council Vegetation Technical Specification which takes into account factors (to be developed at per the Tree Technical Specifications above).

Community engagement and education

1. In recognition of community education as a key mechanism to promote environmental values, encourage support, Council’s community education programs will take multiple approaches (e.g. written, verbal and digital as well as involvement programs), and will strive to include the following key elements: 
   • Detail the environmental functions provided by vegetation in natural and urban environments including: habitat, water quality, air quality, shade, erosion control, aesthetics, weed suppression, noise attenuation, climate change mitigation and wind breaks. 
   • Detail the social and economic benefits to the community as a whole (in contrast to the self-serving interests of a vandal for a view).
   • Explain the cumulative impacts of vegetation loss, so that the impact of a single act can be judged in the context of impacts over time.
   • Quantify the economic value of the environmental functions that vegetation provides, where available, and the cost of vegetation loss and/or damage.
   • Highlight the legal significance of offences (ie. they are criminal acts), and the potential fines and punishments that may apply, as well as the range of deterrent actions that may be implemented onsite following vandalism. 
   • Release the direct economic cost to residents of acts of vandalism in terms of investigation, replacement/remediation and sign production and installation.
   • Publicise successful rehabilitation and other positive outcomes.
   • Publicise successful prosecutions and enforcement actions. 
   • Encourage the direct involvement of the community in maintenance and protection of vegetation, and in rehabilitation of damaged areas (e.g. through Landcare / Dunecare, including long term cleared sites.
2. Council will demonstrate active management of public land with neighbours via focused programs 
   • Educate neighbours regarding respect for public land and ensure there is visible site delineation between the boundary of Council and private land, and associated marking relevant to accepted APZ zones.
   • Involve the community in developing management plans for priority tracts of public land adjacent to private land, to create clear understanding of the objectives for the land, whether as bushland, recreational park, or other (e.g. river foreshore, APZ), and the neighbour’s (includes neighbour’s contractors) permitted activity, if any, in relation to that land, with education as to penalties if breached. Site delineation will reinforce the management plan.
   • Toward achieving compliance with the direction of this policy, education of person/s investigated for compliance breaches, whether proven or unproven of committing an offence.
3. Council will develop strategies to lead understanding and enhance the Port Stephens natural environment. Such examples may include
   • greening strategies to enhance wildlife corridors as a priority 
   • programs to promote a treed and bushland environment such as 
     • `Trees for Newborns’, in particular discussing intergenerational commitment to ensuring we leave an environment as good or better than that we inherited
     • GUST ~ Grow Urban Street Trees
     • TIMBY ~ Trees in My Back Yard
     • Plantings for pollinators 
     • Wildscapes biodiversity gardens as community and council joint programs / re-wilding / wildflower meadows (borrowing from UK programs)
     • Promoting Council’s Significant Tree program, and develop a complementary Significant Habitat program
   • interpretive nature walks in prime locations, such as the Bridle Path, which encourage understanding of the diversity and value of the habitat 
   • procedures in the planning and development application process whereby officers and councillors look at their decisions through a ‘greener lens’, whereby options to removing trees that are near private/public boundaries or driveways are negotiated with a view to their safe retention
   • use of rates notices to provide educational programs
   • welcome packages for new residents, possibly including a choice of some locally grown plants 

Monitoring and prevention

1. Council will monitor and report on vandalism and their response actions
   • Council will report on the Council website on the number of recorded tree and vegetation vandalism incidents, and Council’s response to each incident within Port Stephens every 6 months, to allow an assessment of the cumulative impacts of vandalism, to identify high risk areas and to monitor the effectiveness of rehabilitation and response efforts and community education over time. Council will, at a minimum, record the following details in regard to vandalism events: 
     • location of the offence 
     • the extent of the damaged vegetation 
     • details of the vegetation damaged (specific species, natural bushland or amenity planting, etc) 
     • method of vandalism (eg. cut, cleared or poisoned).
     • level of significance according to Table 1 
     • specific responses, including broad dates Council undertakes to investigate, educate, deter and/or rehabilitate following each incident
     • community involvement in the vandalism incident and rehabilitation 
   • Council will encourage community reporting of vandalism to Council.
     • Council will have a clear and accessible mechanism for reporting tree and vegetation vandalism, will make contact with the reporter and provide an informative response mechanism to the reporter.
   • Council will act to reduce the risk of damage to significant areas and high risk bushland areas, for example, by:
     • targeting communities with educational material and information sessions
     • increasing the presence of enforcement officers, if feasible
     • monitoring vegetation condition by photographs or aerial photography
     • involving the community in stewardship and maintenance of bushland areas
     • developing and implementing management plans for these areas.
2. Council will use a range of techniques at vandalised sites to draw attention to the issue, prevent further occurrences at those sites, and to provide deterrents for elsewhere. These could include technology, physical deterrents, increased site attendance and community reporting.
   • Use visual barriers where vandalism is based on improving views for private property.
     • Screens, billboard style, shipping containers, nets (if not a threat to wildlife) or natural fibre wrapped around branches may all be considered.
     • Fast growing local vines planted at the base of dead trees may provide some natural visual barrier to newly-gained views. 
     • While Council recognises some neighbours’ views may be impaired and they were not complicit, the deterrents are for limited periods and will be removed if there’s no further vandalism. The situation may encourage neighbours to report if the vandal is known.
   • Provide strong educative messages on screens and boards which may act as deterrents for other would-be vandals, such as
     • Fines up to $1.1m may apply.
     • Trees are community assets / Trees belong to the community, not to individuals.
     • Council will plant several replacement trees for each vandalised tree.
     • This barrier will not be removed until revegetation reaches a height (as applicable to the situation).
     • Trees should not die for a view.
     • Shade thieves have done this (or other messages as applicable to the situation).
   • Encourage reporting via $$ rewards for information leading to prosecution ~ could be considered an incentive, or a deterrent to potential perpetrators. (NOTE: some Councils have advertised the reward!)
   • Erect construction fence panels with shade cloth and signs identifying tree or vegetation has been vandalised, which can be used for both individual trees in street scapes and vegetated areas.
   • Signage, fencing and screens shall be erected and removed in accordance with significance of the Vegetation Vandalism event as outlined in Table 1 – Level of Significance and Recommended Responses.
   • Surveillance cameras and signs in certain areas experiencing reoccurring tree vandalism incidents as required to protect trees and vegetation, including rehabilitation sites.
   • Consider the education of person/s investigated for compliance breaches, whether proven or unproven of committing an offence, will be undertaken to reinforce the social, environmental and legal implications of tree and vegetation vandalism.

Rehabilitation 

1. Council will ensure that rehabilitation is a key element in addressing Tree and Vegetation Vandalism. 
   • The response will be quick, and in the absence of successful prosecutions, Council, and the community, will work together for the prevention of further damage and the rehabilitation of all damaged areas.
     • The rehabilitation will be
       • celebrated whenever possible through signage, media articles and community events.  
       • protected by surveillance cameras where needed
     • Where possible, persons and/or corporations identified as responsible for the Vegetation Vandalism shall be required to fund all costs associated with response measures. This may include some or all of the following: 
       • professional costs associated with assessing and reporting on the vegetation vandalism; 
       • the costs of signage and its installation; 
       •  initial and follow up replanting and/or rehabilitation costs until the area vandalised has regenerated to the satisfaction of Council’s General Manager or delegate. 
     • The cost referred to above above does not include of any costs awarded to Council by any court 

Figure 1 Investigation and Response Procedure

Table 1 – Level of Significance and Recommended Responses

Low significance Response

A) Leave trees in place as safety allows. B) Undertake natural/assisted regeneration and/or revegetation works. C) Install small long term educational signage or temporary informative signage to assist regeneration works. D) Install fencing to support natural/assisted regeneration (if practical) until regeneration has restored site to previous extent or retain as permanent fencing. E) Issue Penalty Infringement Notice (PIN) where evidence exists (to cover rehabilitation and Council Officer(s) assessment costs).

Medium significance Response

A) Letterbox residents. B) Leave trees in place as safety allows. C) Undertake natural/assisted regeneration and/or revegetation works. D) Install large signs for a period of 12 months. The site to be monitored to determine if rehabilitation and regeneration of the site has been successful and no further incidences have occurred. This period will be extended with assessments at 6 monthly intervals should there be evidence of further vandalism. E) Install fencing to support natural/assisted regeneration (if practical) until regeneration has restored site to previous extent or retain as permanent fencing. F) Issue PIN (to cover rehabilitation and Council Officer(s) assessment costs) or consider action in Local Court or Land & Environment Court where evidence exists.

High significance Response

A) Letterbox residents. B) Leave trees in place as safety allows. C) Install large signs for 24 months, or if there is a large reduction in canopy cover, until rehabilitated vegetation has reached height and canopy cover of pre-existing/pre-vandalised vegetation. D) Install fencing to support natural/assisted regeneration (if practical) until regeneration has restored site to previous extent or retain as permanent fencing. E) Where vandalism has occurred to obtain views, install shade cloth screens. These screens will be removed once rehabilitated vegetation has reached the height and canopy cover of pre-existing/pre-vandalised vegetation. F) Prepare site rehabilitation plan and undertake restoration works (involving local residents and care groups where possible) and assess for replanting at greater density (eg. “3-for-1”). G) Publicise damage event in the media and request public assistance to identify the perpetrator(s). H) Pursue action in the Local Court or Land & Environment Court where evidence exists. * An assessment of Vegetation Vandalism as Low, Medium and High Significance is undertaken by Council staff using the Response Assessment Model methodology in the ???Vegetation Vandalism on Public Land Procedure. The criteria for assessing the significance of a Vegetation Vandalism event includes vegetation significance (age, size, ecological community); environmental effects (habitat loss, number of trees, weed spread); site prominence; occurrence of vandalism (ie. more than once in the same location); and estimated cost of replacement. These criteria are used to consistently calculate the level of significance across a range of sites and events.