Posts Tagged ‘Scribbly Gum’

Blue Mountains Significant Tree Register a lie

Tuesday, March 6th, 2012
One of the few remaining clusters of mature Blue Mountains Ash (Eucalytus oreades)
endemic to the Upper Blue Mountains
[They are listed on BMCC’s Significant Tree Register
..including the dozen or so killed to widen the highway]

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What a steaming crock Blue Mountains Council’s (BMCC) Significant Tree Register is!

The 73 listed trees or listed tree communities on BMCC’s register listed as ‘significant‘ means exactly what?   ‘BMCC significant’ is a lying euphemism for ‘big‘ and ‘expendable‘, confirmed by the fact that every time anyone wants to kill one of the listed trees, they can.

The ‘Register‘ should be renamed a ‘Remnant, reflecting the reducing remnancy of the Blue Mountains forests under the control of BMCC.

And many trees on the Register are indeed exotic, if not weeds.  For instance, listed tree #3 is an exotic Rhododendron, #18 is an exotic cherry tree,  #28 is a Radiata Pine – a listed environmental weed in another department of BMCC.

 

BMCC’s Significant Tree Register?

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BMCC’s Significant Tree Register dates back to 1988,  probably because of Australia’s bicentennial heritage goodwill of that year, and the likelihood of BMCC getting grant recognition for its register.  That would have been a purely political froth event of no substance nor perpetuity.

‘This Development Control Plan has been prepared pursuant to Council’s resolution of 17th November, 1987 and was adopted on 21st June, 1988. The Plan encompasses the Register of Significant Trees, established in 1984. (BMCC File 7717C-4)…This Development Control Plan is to apply to all land within the boundaries of the City of the Blue Mountains.’

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Objectives of Significant Tree Register

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The purpose of this Development Control Plan is to:

(a)   identify and protect those trees listed on the Register;

(b)   promote greater public awareness of the existence of the Register, and the individual items listed;

(c)   ensure existing and, importantly, prospective land owners, are made aware of the Significant Trees which may be located on their property; and

(d)   ensure correct on-going care and maintenance of those trees listed, through the recommendations included with the significant tree register.’

 

What disingenuous lying crap!

(a) None of the listed trees is afforded any legal protection.  Worse, BMCC does not raise a finger to expend effort or cost to challenge anyone wishing to kill any of the listed trees.

(b) Since 1988, BMCC has done diddly squat to promote any public awareness of either its register or any of its listed trees.  Yet, BMCC certainly has killed a few of them.  The last time a tree was added to the register was 1991, reflecting the three year extent of Council’s interest, memory and planning,

(c) see (a)

(d) I challenge BMCC to present any record of any “on-going care and maintenance of those trees listed”.  Obviously this object clause was drafted by a naive external consultant.

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Listed Trees – Cases in Point

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#5  Blue Mountains Ash 
(Eucalyptus oreades)
(Opposite 252 Old Bathurst Rd. Katoomba Opposite Lot 2 DP707, listed 6.5.84, since chainsawed)

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#29  Smooth Barked Apple, Red Gum 
(Angophora costata)
(Opposite 363 Great Western Highway, Bullaburra, opposite Lot 173, DP13407, Listed 17.7.85,
condemned by the Roads & Traffic Authority in September 2008 to widen the highway into a 4 laned Trucking Expressway)

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New South Wales Government sentence imposed upon this Angophora:

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“The Angophora (Sydney red gum) tree:   the large tree is situated to the east of Boronia Road.

To retain the Angophora tree the highway would have to be widened either towards the railway line or the private properties.  In both cases, land would have to be acquired, either from RailCorp or private land owners.  The tree’s overhanging branches would have to be trimmed and there would be construction activities around the tree.

Arborist advice is that the consequent loss of tree roots and the pruning would instigate the decline of the tree.  Angophora are highly sensitive to construction impacts such as changes to draining patterns and soil compaction.  For road construction and safety reasons the tree will have to be removed.”

[Source:  ‘Great Western Highway Upgrade – Community Update September 2008, ‘Bullaburra East – Ridge Street, Lawson to Genevieve Road Bullaburra, by Roads and Traffic Authority]

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Ed:  Well, humans can find ways of justifying anything when it suits them – ecological destruction, genocide, wars, anything.  Governments and road making organisations like the RTA are collectives of people with mandates that are self-serving. 

The RTA (since rebranded) does not have to widen the highway through Bullaburra.  It is only doing so to encourage greater truck and car traffic and so that such road traffic can flow faster.  Bigger and more roads is the mandate for this road maker.  The tradition of slowing down through local towns and villages has been dismissed.  Utilitarian convenience is supplanting local rights and values.  Other options have been deliberately ignored such as upgrading rail freight logistics and public transport (the rail runs adjacent to and follows the same route as this highway).  Land acquistion is an easy process for the RTA.  It’s management is just choosing not to take this option because it sees no value in the tree nor in Bullaburra’s amenity.

The tree’s overhanging branches would not have to be trimmed and construction activities could be well away from the tree, if the RTA management so choosed.

The RTA’s standard justification “safety reasons” had to be the clincher.  the RTA relies on the ‘safety justification’ as its fallback to get its way, because it has convinced that no-one can reasonably challenge such a justification.  That the M4 Motorway with its six lanes has become one of the most deadly RTA roads in New South Wales does not seem to trouble the RTA sufficiently to invest in making the M4 safer.  The RTA is hypocritical about road safety.

The value of encouraging faster and bigger trucks and more cars to race through Bullaburra at 80+kph is more important to it than conserving some tree.   That this particular tree has been dated by a specialist arborist as being older than300 years and so would have stood when the Three Explorers first crossed the Blue Mountains in 1813, is dismissed as worthless by the RTA and the New South Wales Government.   Labor and Liberal are no different in this world view of ‘progress’.  Bullaburra is set to be transformed into a Blaxland with bigger trucks racing through it.  Bullaburra will become even more divided that what it is now. 

If this tree were a war cemetery, there is no question that the cemetery value would be respected and a trucking expressway would not be carved through it.

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Les Wielinga
NSW Roads and Traffic Authority Chief  (2006-2012)
Executioner of Bullaburra’s Angophora
and Strategic Planner of the Trucking Expressway juggernaut through the Blue Mountains

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#33 Scribbly Gum 
(Eucalyptus sclerophylla/Eucalyptus piperita hybrid)
(Cnr St Georges Cres. & Adeline St. Faulconbridge, Lot 5 DP8526 , Listed 24.8.85,
condemned in Sep 2011 for selfish dual occupancy housing development)

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Blue Mountains Council arborist has condemned the tree as having ‘extensive decay’.

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Trial by Ordeal?

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Local residents protesting to save the tree, believe this native Scribbly Gum to be quite healthy and that the arborist’s so-called ‘decay‘ is in fact a natural fungus.  The residents believe that Council’s arborist’s assessment has incorrectly condemned the tree and that only after the tree trunk is chainsawed will the proof of the tree’s health be revealed.

It will be akin to being a Medieval Trial by Ordeal imposed on those suspected of being a witch.   An example is where a priest would demand a suspect to place his hand in the boiling water. If after three days, God had not healed his wounds, the suspect was guilty of the crime.

In the case of this Scribbly Gum, if after chainsawing it, the trunk shows no signs of internal decay, then it can be confirmed as having being healthy, but by then it will be dead.

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The Council’s assessment:

“It should also be noted that the significant tree has been assessed as not being viable for retention in any case as the result of extensive decay throughout the trunk. This matter is discussed in more detail in the body of the report.”

[Source:  Blue Mountain Council, Business Paper, Using Land for Living Item 20, Ordinary Meeting, 20110628, Development Application No. X/443/2010 for a detached dual occupancyconsisting of a singe storey dwelling and a two storey dwelling on Lot 5 SEC. 2 DP 8526, 47 St Georges Crescent, Faulconbridge, File No: F06738 – X/443/2010 – 11/85977, Clause 44, p.214]

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#61 Blue Mountains Ash
(Eucalyptus oreades – once was a ridgetop forest)
(Railway Reserve opposite Katoomba Hospital, Listed 6.11.89,
half the trees chainsawed in 2008 to widen the highway into a Trucking Expressway.
What’s left is a token coppice so that the RTA can claim on paper that it respected the ‘significant’ status.)

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Relevance and future of the Significant Tree Register

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In November 2011, Blue Mountains Councillor Janet Mays presented a Notice of Motion to Council:

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“That the Council receives a report detailing the role and relevance of Council’s Significant Tree Register, including the cost of both managing and maintaining that Register.”

Background

The recent decision by the Land & Environment Court, to uphold an appeal by the applicants at 47 St Georges Crescent, Faulconbridge, includes permission to remove a tree that is listed on Council’s Significant Tree Register that decision brings into question the relevance of this Register.

The report should outline the role and relevance of the Register in providing decision-making capability to Council’s Planning Officers. The role and relevance of the Register should then be considered in terms of benefits and cost of maintaining this Register.  Dependant on the benefits and the costs, the future utility of the Register should also be discussed.”

[Source: Blue Mountains Council, Business Paper, Notices of Motion, Item 26, Ordinary Meeting, 20111122, Subject: Council’s Significant Tree Register, File No: F06745 – 11/178956, p.173]
 
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Ed:  Meanwhile, anthropocentric prejudice sees the National Trust of Australia (an organisation supposedly committed to promoting and conserving Australia’s indigenous, natural and historic heritage) recognise people as ‘National Living Treasures’.  No thought is given to Australian native trees, many which have stood longer than any colonist set foot on Australian soil.   Surely, a 300+ year old native tree has more claim to being a national living treasure.

On 4 March 2012, two days ago, we hear that Queensland mining magnate Clive Palmer has been named a National Living Treasure.  Palmer has made is fortune exploiting Australia’s landscape for his personal gain.  Clearly, Australian Governments continued to be dominated by 20th Century Baby Boomer exploitative world views. 

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Further Reading

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[1]   Blue Mountains Council Register of Significant Trees (1988), ^http://www.bmcc.nsw.gov.au/download.cfm?f=28AD1E14-423B-CE58-AD64F47560FC3345, [Read Register]

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Blue Mountains: Faulconbridge native cleansing

Monday, December 26th, 2011
A native Scribbly Gum of Faulconbridge, Blue Mountains, Australia
…perhaps over 200 years old, healthy and in its natural setting.
(Photo by Editor 20111226, free in public domain, click photo to enlarge)

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.…but simply because land developers want to destroy the bush for selfish housing, they legally claim the tree is ‘potentially dangerous’
It seems the New South Wales Court Commissioner has sympathised and condemned the tree to a chainsaw death.
(Photo by Editor 20111226, free in public domain, click photo to enlarge)

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Court Presumptuous?

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The New South Wales Land (before) Environment Court has demonised and stigmatised this native Eucalypt tree as a “hybrid” (i.e. as a ‘half cast’ in human terms).   The Acting Commissioner has ruled a death warrant upon this native old growth Eucalypt in its natural bushland setting on the following three bases:

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Basis #1.   Blue Mountains ‘Significant Tree’ protection ignores claims of a tree being somehow dangerous (however contrived, false and self-servingly malicious the rationale)

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While the provisions of (Blue Mountains Council’s) Development Control Plan (DCP) 9 must be considered as a fundamental element in the decision process…it does not necessarily follow that the tree should be retained under any circumstances.  

“DCP 9 is silent on how to address trees that are potentially dangerous or unhealthy although Clause 6 provides the opportunity to “cut down”… any tree on the Register of Significant Trees” but with the consent of Council.” 

(Ed:  Blue Mountains Council had unanimously rejected the development application – so the ‘acting’ Commissioner is presuming any real opportunity and by raising such weak argument is siding with the developer).

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Basis #2.   The ‘acting’ Commissioner rejects the tree’s scenic quality instantly without due consideration and with a presumed fear of trees

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Accepting that the Hybrid adds to the scenic quality of the site and the surrounding area, this benefit needs to be balanced against the likely longevity of the tree and its health.  (Ed:  The Court has no grounds for estimating the longevity of this tree, and seems to be surmising on the basis of personal prejudice).

In this case, I have little trouble in concluding that the  balance falls in favour of the removal of the tree .  The conclusions of the two tomograph (xray) tests and the evidence of Dr McDonald and Mr James, and supported by the council officer, leave little doubt as to the appropriate outcome.

(Ed: Tomograph tests and evidence withheld in Court decision, so how do we know the tree is unhealthy?)

“I do not accept that the retention of the tree, irrespective of the scenic quality links to the area, should be preferred when there is a serious and legitimate question over the safety of the tree.  (Ed:  The “serious and legitimate question over the safety of the tree” is unsubstantiated and appears presumptive).

“In my view, the overwhelming expert and scientific evidence clearly suggests that the tree is dangerous and presents an unsafe situation for future ocupants of the site.”

(Ed:  ‘Overwhelming‘ from what independent qualified and scientifically relevant source and where is the report?  The ‘acting‘ Commissioner’s presumption of ‘future occupants of the site‘ suggests a high probability of judicial bias).

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Basis #3.   Tree canopies are inconsistent with housing safety

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“Even if a dwelling is constructed outside of the area covered by the tree canopy, I am not satisfied that (it) sufficiently overcomes the potential danger from the tree.  It would be clearly impractical to fence off the area under the canopy, given the limited area remaining for a dwelling on the site and the need to provide ancillary matters such as private open space and building setbacks.”  (Ed:  The Court is prejudging that the developer proposal for dwellings (x2) and proposed private open space and building setbacks have precedent values over the natural values of pre-existicng native bushland including a Council-protected significant mature native tree, native vegetation and bushrock).

“The suggestion by Ms Hobley that a dwelling could be located underneath the (tree) canopy is misconceived, given the weight of evidence for branch failure and which is supported by the obvious example where an existing branch has failed and only remains because it is held up by another tree on the site.  I am not satisfied that Ms Hobley has given proper consideration to the potential for injury in her assessment of the tree.”

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(Ed:   The ‘acting’ Commissioner conveys an preconceived view that trees are dangerous.  Details of “an existing branch” failing are not available in the Court’s decision.)

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A native Eucalypt, condemned as a ‘hybrid’
by those who themselves are but hybrid descendants of colonists
because human invasion is enshrined in law as having a superior value than existing native old growth.   
(Photo by Editor 20111226, free in public domain, click photo to enlarge)

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The Habitat Advocate is pleased to support the efforts of local people in Faulconbridge trying to save this grand native tree from being killed.  For further information visit:  ^http://savethetree.org/

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Native Cleansing’

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Clearing native trees for human development is a value judgment of convenience.  Philosophically native tree cleansing is no different to ethic cleansing of one human ethic group of another.

 

Native forest deforestation (ethnic cleansing)
– at record levels across New South Wales

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‘Ethnic Cleansing’ is a process in which advancing army of one ethnic group expels civilians of other ethnic groups from towns and villages it conquers in order to create ethnically pure enclaves for members of their ethnic group.

‘Serbian military commander in Bosnia, a war criminal sought by the War Crimes Tribunal in The Hague, Ratko Mladic, sometimes issued specific orders to his subordinates to shell a particular village more than others, because there is less Serbs and more Muslims living there.  Often, refugees of one ethnic group previously “cleansed” from their homes by other ethnic group are made to live in freshly “cleansed” territory of that other ethnic group.’

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[Source: ^http://balkansnet.org/ethnicl.html]

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In 2011 humanity continues to trash the sublime for a selfish vista

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Further Reading:

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[1]    ^http://treeshaverightstoo.com/

It’s not just humans who have rights, all beings do. The right not to be polluted is a right that belongs to us as well as to the Earth, to the air we breathe and to future generations. There are other rights which apply to us all, the problem is that they are not yet recognised internationally. But this is rapidly changing and you can find more information about the campaigns and progress of this fast developing arena of humanitarian and environmental law, called Earth Law.’

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[3]    ‘Should Trees Have Standing? – Toward Legal Rights for Natural Objects’, by Christopher Stone, ^http://isites.harvard.edu/fs/docs/icb.topic498371.files/Stone.Trees_Standing.pdf   [Read Article]

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[2]    ^http://therightsfuture.com/t16-do-trees-have-rights/

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[3]   ^http://northshorewoman.blogspot.com/2011/12/trees-have-rights-too.html

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Soliloquy of a Scribbly Gum

Friday, May 21st, 2010
by Editor 20100521.
 
a poem….
 

– – –

A Scribbly Gum here I stand

My species iconic, proud, but now condemned

They cast the red die on my girth, the red mark of death

So numbingly final

Glazed thoughts I can only muster

My roots here so ancient, means nothing to them

Scribblies flourished this land since Gondwana dawn

Pervading this old stone country high and deep

– – –

Once a wild place

A natural order, virgin and vast

Of times past, these primitive escarpments hosted wilderness

When old men Scribby Gums knew no saw

– – –

Came the getters, the settlers, the saws

For conquest, for progress, for their plot with a view

Wilderness they castrate, deemed it ‘battleaxe’

Ridges and valleys to the slaughter

Slaughter they sanitized, deemed it ‘clearing’

– – –

Some saw the wrong

Some good laws got through

Some Scribblies saved from slaughter

So why not protect me now?

– – –

Heritage denied me just trees away

Relegated from their Listing, on the fringe

Zoned a resource, a fuel, a hazard

Decisions cast from the Hill, to serve those from distant hills

Now they reason I block their view, I block their way

They cast the red die on my girth, the red mark of death

– – –

I’ll miss the rain most, the best time

When nature regains control

When the cloud drifts in, when it feels wild again

And dark rumblings roam and flare above

Dousing me in soaking cloud

Wild escarpment days

– – –

Motors approach. They come for me

Only a bus, it slows, they take photos, it groans away

Quiet again

– – –

Below the cloud, a piercing sunset glows my bark gold

Down the valley, the bush blanket surges

A breeze rising up the escarpment, fans me fresh

Around me branches sway, then settle, restful

Still again,

Quiet again

– – –

Soon they come

They cast the red die on my girth, the red mark of death

My death an extinction wedge

When they scatter my woodchips on their plot

Will they know I was once a Scribbly Gum – free and wild?

Their photos will torment of treasure lost

This wild country locked in myth

Motors approach

A saw starts

No!

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by Editor, 23-Oct-04.


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