‘There is no justice’: Contractor who destroyed iconic 800-year-old peppermint tree gets slap on wrist

Craig DuncanSouth Western Times
Camera IconPeter Murphy at the remains of the 800-year-old peppermint tree Credit: Craig Duncan

Conservationist Peter Murphy said there was “no justice” after the contractor responsible for the destruction of an 800-year-old peppermint tree looks set to walk away with little more than a slap on the wrist.

Earlier this month Mr Murphy informed the Times of the iconic peppermint tree’s destruction, which occurred at the hands of contractor hired by the Department of Biodiversity, Conservation and Attractions to remove a fallen limb.

Instead, the contractor cut down the entire Wellington National Park tree — without department approval.

When pressed on how the incident would be dealt with, a spokesperson for the DBCA said the contractor had accepted that they did the wrong thing and was remorseful.

Environment Minister Reece Whitby earlier said he was “deeply saddened” to hear of the tree’s destruction by a State Government contractor.

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“While I understand the department had given the arborist explicit instructions to prune rather than cut down the tree, this simply isn’t good enough,” he said.

“The department has informed me it’s reviewing the incident and I expect to receive a full account of what occurred so that I have the confidence this won’t happen again.”

The DBCA spokesperson said the instructions on the pruning works given by the DBCA to the contractor were clear, but the contractor then went outside the scope of agreed works and removed the entire tree.

“DBCA has liaised with the contractor in relation to the work that they undertook and has confirmed that there has been an obvious breakdown in communication on the contractors’ behalf,” they said.

Camera IconPeter Murphy stands on the remaining stump of the 800-year-old peppermint tree. Credit: Craig Duncan

Under the Conservation and Land Management Act 1984, Forest Management Regulations 1993, the felling of trees within a State forest or timber reserve is strictly prohibited.

Breaching this law should result in a $2000 fine, however, the DBCA refused to confirm the contractor would be punished.

The DBCA also refused to comment on whether it would engage the same contractor again for future works and if anything would be put in place to ensure it is not repeated.

“This is an isolated and unfortunate incident and it was never DBCA’s intention for the entire tree to be removed,” the spokesperson said.

Camera IconPeter Murphy with the remains of a tree cut down in the 1990s featuring the words “CALM's Mistake”. Credit: Craig Duncan

Mr Murphy said he had heard of similar incidents in the region, pointing to a portion of a tree which now sits at the Wellington Mill Community Park Trail, which he said was involved in another foul felling.

Former Greens Senator Bob Brown, who the tree was colloquially named after following a visit in 1999, said he was “dismayed” by news of the tree’s destruction.

“The Cook Government says this ecological disaster is ‘a mistake’,” he said.

“That is a cover-up.”

Camera IconPeter Murphy at the King Jarrah tree his wife Sally spent 15 days in to save. Credit: Craig Duncan

Mr Brown said the Australian Government was “too caviller” around the destruction of natural and Aboriginal heritage, which has “got to stop.”

“No Australian forest defender has ever escaped arrest and a fine or jail by telling the court their obstruction of a chainsaw was ‘a mistake’,” he said.

“Heritage tree destroyers should get no government or legal shelter, which is not given to heritage tree defenders.”

Mr Murphy said his wife Sally was one such defender who had protested the clearing of the forest during the 1990s.

She opted to spend 15 days in the canopy of the iconic King Jarrah tree to ensure its survival.

“She protested to save the forest, and was fined $2000 and put on a 12-month good behaviour bond,” Mr Murphy said.

“She had to pay very, very dearly for saving a tree, and yet this beautiful, ancient peppermint tree can be destroyed with one swoop of a chainsaw, and there’s no fine, barely a slap on the wrist.

“It’s just despicable.”

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