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administrator
18-11-2008, 11:36 AM
Regulations for the tree service Industry

Guess what there isnt any .:nontree

Any body can start a Tree Felling Business and does not have to be qualified in any area no legeslation no regulators to enforce any rules .

Find that crazy . Well i know i do

Thats why Most Insurance companies wont insure a tree lopper unless he has 2 years experience in the Industry .




There are chainsaw courses and tree climbing courses etc but you dont have to do them crazy i know this can put the general public at risk and what a risk indeed .

Treeloppers/arborist courses available
http://www.indmowing.com.au/forum/showthread.php?p=46004#post46004

(Fortunatly for Members with P/L insurance THROUGH ILCOA are covered up to 5 metres and can apply for a 5 metre ext to 10 metres at a modest fee .)
Thought i would just add that so members with p/l didnt panic lol .

Take a look at all threads under tree services forum

Bluey
18-11-2008, 06:08 PM
Regulations for the tree service Industry

Guess what there isnt any .

Any body can start a Tree Felling Business and does not have to be qualified in any area no legeslation no regulators to enforce any rules .

Find that crazy . Well i know i do

Thats why Most Insurance companies wont insure a tree lopper unless he has 2 years experience in the Industry .




There are chainsaw courses and tree climbing courses etc but you dont have to do them crazy i know this can put the general public at risk and what a risk indeed .


(Fortunatly for Members with P/L insurance THROUGH ILCOA are covered up to 5 metres and can apply for a 5 metre ext to 10 metres at a modest fee .)
Thought i would just add that so members with p/l didnt panic lol .

Take a look at all threads under tree services forum


I agree Admin. Just seems stupid that there are no industry standards for this. Funny thing is the insurance company wants 2 yrs experience before they insure you. I guess they figure that if you are still alive or not being sued for everything you have then you may know something about it.

Did you watch the saga on one of the news shows about the dodgy tree fellers ripping of the pensioners.

Bgs
19-11-2008, 11:12 PM
I find it astounding that anyone can start a tree felling business I assumed there was some sort of licensing system.

Here is the video bluey was talking about the dodgy tree loppers

http://video.msn.com/video.aspx?mkt=en-AU&brand=ninemsn&vid=b86ee505-6de1-4e66-bff2-3656173d9174

administrator
20-11-2008, 07:45 AM
The crazy prices the guys where charging in the report from ACA thats not unusual ive seen these so called pros charrging 450 bucks for 2 hours work on a tree i would of charged half the price and the tree was under 5 metres .

The pro in the report was talking about oh & s standards which is great wearing chainsaw chapp pants glasses ear muffs etc but the guy doesnt have to follow oh& s standards if he doesnt want to .
Now i know certain people are pushing for licences for the tree industry and the so called pro had a perfect chance to voice that and guess what he didnt .Missed a great chance to really open it up .

Insurance for unlimited tree size ranges 1500 to 2000 dollars per year not a great deal of money as some people may of expected .


Next time you see your neighbour in the yard with a tree lopper who is going to cut down a 40 ft tree i suggest you walk over and have a good chat to that lopper if he drops it it may land on your house and if hes got no insurance your done for and theres thousands of those guys out there .

administrator
17-02-2009, 09:25 PM
Just letting you guys & girls know that a lawnie was find 600.00 for cutting down a tree in NSW without obtaining permission from the local shire Authorities .
Customer gave him permission but alas a nosey neighbour reported the tree felling action to the shire and bingo a Enviourmental fine has been actioned .

So keep on your toes out there .

Bluey
17-02-2009, 09:31 PM
Good tip. I don't do a lot of tree felling but if I do from now on I will be asking the owner to make sure they have permission. Laws are a bit different here I think but I will have to brush up on them. we have problems with what they call "significant trees" here. Cant even trim them without a development approval. Cut one down and your looking at a fine well over $20000. Scary isn't it.

administrator
17-02-2009, 09:49 PM
If you have public liability with Indy those fines are covered by your policy
Not so scary now hey lol

Bluey
17-02-2009, 09:54 PM
Get outta here. Are you saying your PL insurance will cover me if I deliberately break the law and knock down a significant tree???? Surely not. Don't most insurances have a get out clause that says if you do something illegal it is on your own head? Are you sure??

administrator
17-02-2009, 09:59 PM
Bluey
Thats what insurance covers
MISTAKES STUPIDITY ETC

INDY ILCOA ARE THE ONLY ONES IN THE COUNTRY THAT INCLUDE PENALTIES AND FINES DUE TO ENVIRO AND OHS BREACHES.WHEN YOU PURCHASE P/L INSURANCE

SEE MORE AT http://www.indmowing.com.au/forum/showthread.php?t=2690

Bgs
17-02-2009, 10:34 PM
Good tip. I don't do a lot of tree felling but if I do from now on I will be asking the owner to make sure they have permission. Laws are a bit different here I think but I will have to brush up on them. we have problems with what they call "significant trees" here. Cant even trim them without a development approval. Cut one down and your looking at a fine well over $20000. Scary isn't it.


Its not that scary for some developers up here when there is squillions to be made and the only thing standing in there way to sub dividing a block is a "significant tree" with a large fine,

but your right for us mere mortals its scary :frightene :frightene

administrator
04-12-2009, 07:22 AM
A victorian company were fined recently for not having a permit and cutting down trees $500.00 fine luckily they are insured through Independent Lawnmowing Contractors Of Australia and there i no excess payment on this product so the Business operator was paid the full $500.00 .

Also i would like to report Independent Lawnmowing Contractors Of Australia will be covering Tree Loppers (unlimited Height )and arborists as early as the beggining of next year under a new policy .

http://www.indmowing.com.au/forum/showthread.php?t=8459

Bluey
04-12-2009, 01:38 PM
A victorian company were fined recently for not having a permit and cutting down trees $500.00 fine luckily they are insured through Independent Lawnmowing Contractors Of Australia and there i no excess payment on this product so the Business operator was paid the full $500.00 .

Also i would like to report Independent Lawnmowing Contractors Of Australia will be covering Tree Loppers (unlimited Height )and arborists as early as the beggining of next year under a new policy .


Whats your coverage level on this Admin. It's $5 million isn't it. I need to have $20 million PL insurance for some of my work. What would $20 million cost me yearly through you?

administrator
04-12-2009, 05:12 PM
Bluey you would have to ring I.L.M.C.O.A i think the 20 million cover is $635.00

Bluey
04-12-2009, 05:33 PM
Bluey you would have to ring I.L.M.C.O.A i think the 20 million cover is $665.00


Not bad I pay $760 now.

administrator
18-04-2010, 10:38 PM
http://www.envirolaw.org.au/resources/trees

How urban tree and garden disputes generally arise
Disputes relating to trees and gardens generally arise from problems caused by:

tree branches overhanging fence lines;
tree and other (eg bamboo) roots causing damage to neighbouring house foundations, footpaths, pipelines and roads;
the spread of weeds and creeping plants onto adjacent land;
leaf litter causing hazards on adjacent public and private property; and
unsafe trees and tree branches causing hazard for the public and neighbouring property owners.
Rights of property owners
The general principle is that property owners have a common law right to enjoy their land without unreasonable interference from neighbouring trees and plants.

There is no legislation dealing directly with trees and neighbour disputes in Victoria. Local Council laws may exist in certain areas, but these tend to be focused on situations where trees cause a danger to public health. For example, council by-laws will generally relate to the height of branches overhanging a footpath.

Any rights associated with tree nuisance are generally linked to an individual’s rights as a private property owner.

Can I prune trees and plants encroaching on my property?
You are generally entitled to cut back any overhanging branches, to the fence line, or pull up roots protruding onto your land from a neighbouring property. However you must not enter your neighbour’s property without permission.

Pruning must not kill the tree or unreasonably make the tree unstable, as the owner of the tree may be able to seek compensation for the damage caused.

Any costs associated with pruning a tree is the responsibility of the neighbour and not the owner of the tree. After the nuisance branches or roots are removed, they remain the property of the owner of the tree. These may be returned to the owner or disposed of by agreement between the affected property owners.

Tree roots and building structure damage
If the roots of a neighbouring tree are causing structural damage to buildings on your property, you can apply for a court order in the Magistrates Court. This may allow you to gain compensation for any damage caused to the buildings on your property.

It is important to remember that legal proceedings should always be a last resort. Before considering legal action, calmly discuss the situation with your neighbour, as a solution may be able to be reached.

The Dispute Settlement Centre offers a mediation service which may assist in resolving the dispute. The service is free and sessions are held across Victoria.

Trees on nature strips
Generally trees on Crown land or nature strips cannot be cut back by the public. If an issue arises with a tree or plant on the nature strip or within parkland, the local council needs to be informed so that the problem can be addressed.