Freshwater raintree activists have launched a legal challenge against the Cairns Regional Council, alleging that the decision to remove a historic tree was unlawful. The group contends that the council failed to follow proper procedures and did not adequately consult the community before approving the tree's removal.
Legal action launched over tree removal
The activists, who have been fighting to save the raintree located in Freshwater, filed a claim in the Queensland Civil and Administrative Tribunal (QCAT). They argue that the council's decision was made without due process and that the tree holds significant historical and environmental value for the local area.
According to the group, the council bypassed its own tree protection laws and ignored petitions signed by hundreds of residents. The activists are seeking to have the decision overturned and to prevent any further action until a full review is conducted.
Council defends its decision
A spokesperson for the Cairns Regional Council stated that the tree was removed due to safety concerns, as it was deemed structurally unstable and posed a risk to nearby properties. The council maintains that all necessary assessments were carried out and that the decision was made in the interest of public safety.
However, the activists dispute these claims, asserting that independent arborist reports indicated the tree was healthy and could be preserved with proper maintenance. They accuse the council of misrepresenting the facts and failing to explore alternatives to removal.
Community backlash and support
The tree's removal has sparked widespread outrage in the Freshwater community, with many residents expressing anger over the loss of a local landmark. The raintree, estimated to be over 100 years old, was a popular gathering spot and a symbol of the area's heritage.
Supporters of the legal challenge have organized rallies and launched a fundraising campaign to cover legal costs. They argue that the council's actions set a dangerous precedent for other heritage trees in the region.
Next steps in the legal process
QCAT has yet to set a date for the hearing, but the activists are hopeful that the tribunal will rule in their favor. If successful, the decision could force the council to reconsider its tree management policies and improve community engagement in future decisions.
The case highlights the ongoing tension between development, safety concerns, and environmental preservation in urban areas. As the legal battle unfolds, both sides are preparing to present their evidence before the tribunal.
