Report tree vandalism

Tree Vandalism and Reward Guideline

1. In evaluating a request for a reward for information under this Guideline, the Delegated Officer must submit a report to the Director when the prosecution, including all avenues of appeal, have been completed and the alleged offender has been found guilty of the offence. This report must contain an executive summary of the proceeding together with details of any other relevant information to the nature of the offence and vandalism. Should the Director determine that a person could be eligible for a reward under this Guideline the Delegated Officer is to prepare a report for consideration and determination by Council. 
    
2. Council will consider each application on its own merits giving due consideration to the nature of vandalism and the effect on the general amenity and aesthetics of the area in accordance with this Guideline. 5. Monitoring, evaluation & review Eligibility Criteria In order for a person to be eligible for consideration of a reward for information concerning the vandalism of public trees and is protected by any law:- 

• The alleged offender must be found guilty of the alleged offence by a Court of competent jurisdiction from a prosecution launched by the Council or Victoria Police. 

• The applicant must have been willing to give sworn evidence in Court when and if required. • In the opinion of the Delegated Officer, the applicant did not knowingly allow the alleged offender to commit the act in order to obtain a reward.

3. Evaluation of an Application In evaluating a request for a reward for information under this Guideline, the Delegated Officer must submit a report to the Director when the prosecution, including all avenues of appeal have been completed and the alleged offender has been found guilty of the offence. The report must contain an executive summary of the proceeding together with a Council and independent arborist report including the value of the tree. In addition, the report should contain details of any other relevant information pertaining to the nature of the offence and vandalism. The value of the reward will be determined by the scoring of the report according to a number of weighting factors comprising: 

• Monetary value of the tree value of the tree as calculated by Council’s Arborist; 

• Location of the tree; 

• Amenity of the tree; 

• The level of publicity relating to the successful prosecution; 

• The law that protects tree; 

• The level of penalty/fine relating to the offence; and 

• The amount of damage to the tree. The report should be scored according to the Tree Reward Criteria and Score table and then the reward calculated by using the weighted calculation table.
 

4. Should the Director determine that a person could be eligible for a reward under this Guideline the Delegated Officer is to prepare a report for consideration and determination by Council. Council will consider each application on its own merits giving due consideration to the nature of vandalism and the effect on the general amenity and in accordance with the above criteria. Notification of Application All applications for reward must be acknowledged in accordance with Council’s Customer Service Charter. The applicant will be informed in writing of the outcome of their request and the method of payment if applicable.
    
5. Promotion of Guideline It is Council’s intent to inform the community and media of any action taken regarding public tree vandalism and rewards. To help achieve this signs will be erected for unlawfully removed trees or unlawful pruning, lopping or poising that will result in the death of the tree. In addition signs may be erected for unlawful pruning, lopping, root damage to a public tree as well as additional actions to promote the Guideline which may include screens, ribbons, large signs, screens as well as replacement planting. Signs will be erected as close to the location of the removed/damaged tree as is possible for a minimum of twelve months to be reviewed annually by the Director responsible for management of public trees. 
    
6. Reward A reward of up to $40,000 will be considered by Council for information relating to any premeditated unlawful action (pruning, poisoning, removal, root damage), which results in major damage of any public tree that results in a successful prosecution and or fine. The value of the reward will be based on the criteria listed section. 
    
7. The above reward criteria are to be used as a guide and any allocation of a monetary reward and the amount offered is at the discretion of Council. Rewards will be issued to eligible persons upon receipt of a written submission, and after the cases are finished in court and the 28-day appeal period had passed. Where there is more than one applicant the reward amount will be divided at the discretion of Council. As a general guide, each applicant will be evaluated on it’s merits, and if successful, the applicant will receive a percentage of the total amount that would be awarded on a single claim. The percentage awarded will be based on the evidence the applicant provided to Council and whether that evidence was critical in the successful prosecution at Court. The Director responsible for the management of public trees will present a report to Council for determination.