"We've lost two people in my family because you dickheads won't cut trees down…"

I’m no stranger to wildland fires. Longtime readers may recall that my own home had the threat of wildfires here in Chico, California this past summer, as did many Butte County residents who not only were threatened, but lost homes.

View from my home on June 16th, 2008

The recent fires in Australia and the loss of life and property were apparently compounded by a draconian policy that prevented people who lived in the fire threat zones from cutting trees and brush near their properties. We witnessed something equally tragic in Lake Tahoe fire in 2007, owing to similar eco driven government stupidity forcing heavy handed policies there. Residents couldn’t get permits to cut down brush and trees, the result was a firestorm of catastrophic proportions.

A family in Australia saw the threat, decided on civil disobedience, cleared a firebreak, and got fined $50,000. They feel vindicated now, because their house is one of the few in Reedy Creek, Victoria,  still standing, the only one in a two kilometer radius. Good for them.

The quote from the homeowner that is the title of this entry really does say it all. Here’s the story from The Sydney Morning Herald.

Fined for illegal clearing, family now feel vindicated

Richard Baker and Nick McKenzie

February 12, 2009 – 12:03AM

Paul Rovere
After suffering court action that cost the family $100,000, Liam Sheahan believes clearing trees saved his home and his family. Photo: Paul Rovere

They were labelled law breakers, fined $50,000 and left emotionally and financially drained.

But seven years after the Sheahans bulldozed trees to make a fire break — an act that got them dragged before a magistrate and penalised — they feel vindicated. Their house is one of the few in Reedy Creek, Victoria,  still standing.

The Sheahans’ 2004 court battle with the Mitchell Shire Council for illegally clearing trees to guard against fire, as well as their decision to stay at home and battle the weekend blaze, encapsulate two of the biggest issues arising from the bushfire tragedy.

Do Victoria’s native vegetation management policies need a major overhaul? And should families risk injury or death by staying home to fight the fire rather than fleeing?

Anger at government policies stopping residents from cutting down trees and clearing scrub to protect their properties is already apparent. “We’ve lost two people in my family because you dickheads won’t cut trees down,” Warwick Spooner told Nillumbik Mayor Bo Bendtsen at a meeting on Tuesday night.

Although Liam Sheahan’s 2002 decision to disregard planning laws and bulldoze 250 trees on his hilltop property hurt his family financially and emotionally, he believes it helped save them and their home on the weekend.

“The house is safe because we did all that,” he said as he pointed out his kitchen window to the clear ground where tall gum trees once cast a shadow on his house.

“We have got proof right here. We are the only house standing in a two-kilometre area.”

At least seven houses and several sheds on neighbouring properties along Thompson-Spur road in Reedy Creek were destroyed by Saturday night’s blaze.

Saving their home was no easy task. At 2pm on Saturday, Mr Sheahan saw the nearby hills ablaze.

He knew what lay ahead when the predicted south-westerly change came.

The family of four had discussed evacuation but decided their property was defensible, due largely to their decision to clear a fire break. It also helped that Mr Sheahan, his son Rowan and daughter Kirsten were all experienced members of the local CFA.

“We prayed and we worked bloody hard. Our house was lit up eight times by the fire as the front passed,” Mr Sheahan said. “The elements off our TV antenna melted. We lost a Land Rover, two Subarus, a truck and trailer and two sheds.”

Mr Sheahan is still angry about his prosecution, which cost him $100,000 in fines and legal fees. The council’s planning laws allow trees to be cleared only when they are within six metres of a house. Mr Sheahan cleared trees up to 100 metres away from his house.

“The council stood up in court and made us to look like the worst, wanton environmental vandals on the earth. We’ve got thousands of trees on our property. We cleared about 247,” he said.

He said the royal commission on the fires must result in changes to planning laws to allow land owners to clear trees and vegetation that pose a fire risk.

“Both the major parties are pandering to the Greens for preferences and that is what is causing the problem. Common sense isn’t that common these days,” Mr Sheahan said.

Melbourne University bushfire expert Kevin Tolhurst gave evidence to help the Sheahan family in their legal battle with the council.

“Their fight went over nearly two years. The Sheahans were victimised. It wasn’t morally right,” he said yesterday.

Dr Tolhurst told the Seymour Magistrates court that Mr Sheahan’s clearing of the trees had reduced the fire risk to his house from extreme to moderate.

“That their house is still standing is some natural justice for the Sheahans,” he said.

He said council vegetation management rules required re-writing. He also called on the State Government to provide clearer guidelines about when families should stay and defend their property.

Houses in fire-prone areas should be audited by experts to advise owners whether their property is defensible, Dr Tolhurst said.

Mr Sheahan said he wanted others to learn from his experience and offered an invitation for Government ministers to visit his property.

He would also like his convictions overturned and fines repaid.

“It would go a long way to making us feel better about the system. But I don’t think it will happen.”

This story was found at: http://www.smh.com.au/national/fined-for-illegal-clearing-family-now-feel-vindicated-20090212-85bd.html

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February 15, 2009 10:51 pm

You can use these tags : I am sure you will find that it is not only council that takes council building & development restrictions seriously. Rate-payers feel very seriously about them too. If only you knew. Now, you are hearing just some of it, on one subject, yet the response is obfuscation.
Lastly, you link to your political party & within that link there it is, blaming climate change for the conditions. Politicising the fires, so to speak. So, no thank you – in state I always vote NSW Shooter’s Party.

REPLY
: The way you set them up didn’t work, had to remove them – moderator

February 16, 2009 12:50 am

Dane in Victoria wrote
“Politicians today seem to have as their main reason for being, to be reelected for the next term. That is why they have succumbed to policies put forward by the vocal ‘greens’. Whether it be at State level or at Local Government level, policies have been put in place to panda to that ‘green’ vote in spite of so many people being against those policies.”
I agree wholeheartedly. The problem is both major parties chase the green vote and for that reason politics gets in the way of protection of people and property.

February 16, 2009 12:53 am

Also of note – planning regulations regarding building in bushfire areas means houses constructed in bushfire zones have become much more expensive. However whilst those who choose to live there have to pay this cost at the demand of the local authorities, those same local authorities have not exercised their duty of care in ensuring that they minimise the fire risk to property and life.

Rob Rosenlund
February 16, 2009 9:10 am

I congratulate this man who was fined for using his COMMON SENSE!
Some of the people in these fire affected communities had requested authorisation to clear trees and vegetation in the areas of concern within THEIR PROPERTIES, and it appears to me that the system has let them down. Well, the authorities can now live with their importance of the losses. Have they ever stopped to think of how many trees will be cut down to provide the timber to rebuild the approximate 1800 destroyed homes? Don’t these communities actually employ the people in authority? I know and agree that we need to plant new trees and protect the existing ones also etc., but I believe in the safety of the Australian people and wildlife first. The true heroes in this situation are the Australian Fire Fighters and Volunteers. My thanks to you people for your huge efforts! I recommend that the position to authorise the clearing of trees and vegetation be given to the Australian Local Fire Departments and not to political organisations and local councils. After all, the Fire Fighters have the knowledge and experience, and common sense in relation to bushfires and saving lives, which is what the other authorities don’t appear to demonstrate. Additional employment by Australian Local Fire Departments would be needed for this task, and funds should be provided for this as well. It’s nice to see the Australian people helping the victims of this tragedy. What Great Spirit the Aussie’s have! I was brought to tears when reading some of the articles that were published about the victims. My heart goes out to all of those people who have suffered and lost. I wish for them the courage and help to get through this difficult time. You all take care. Rob Rosenlund

jbeatty
February 16, 2009 5:36 pm

To my mind, one of the most heroic acts performed during this disaster took place at the little town of Buxton.
The quick thinking local publican “borrowed” an abandoned Department of Sustainability and Environment bulldozer and quickly pushed a firebreak around the town, which probably saved it.
The DSE is considering laying charges.
Observations:
The bulldozer just did the only really useful work it has ever done, or ever will.
The DSE has for some time been unofficially named the Department of Scorched Earth for its alleged ineptitude with fire preventative management.
The publican (Eric Notley) deserves an Order of Australia medal.

DJA
February 16, 2009 11:36 pm

It has been estimated that the amount of CO2 released during these fires has almost equaled the entire national yearly emissions.
Is this CO2 counted in the Kyoto Agreement?

February 17, 2009 1:32 am

East Gippsland Wildfire Taskforce
Inquiry into impact on public land management practices on bushfires in Victoria
Report May 2007
“Because of the mentality in DSE & Parks in regard to fire suppression over the last 40-50 years our bush is in perilous condition. It suffered a major fire in 1983 and unless immediate and practical approaches are taken to fuel reduction burning, 25 years of timber and fauna regrowth will be lost. This time round it will be complete devastation.”
http://www.parliament.vic.gov.au/enrc/inquiries/bushfires/Submissions/063%20East%20Gippsland%20Wildfire%20Taskforce%20Inc.pdf

February 17, 2009 1:37 am

SUBMISSION TO COAG – INQUIRY INTO VICTORIAN BUSHFIRES
“A SUMMARY OF SUMMERS”…… 1939 and 1983, to 2002-2003
AND BEYOND”
“In view of the state of fuel loadings over all crown lands, I suggest the COAG should consider sacking Alpine National Parks and replacing them with Government control. DSE should receive censure for allowing the Alpine Parks to become the Nations most fire-prone mountain area in Australia.”
http://www.coagbushfireenquiry.gov.au/subs_word/37_ward_submission.doc

Balrog
February 17, 2009 1:11 pm

The guy was wrong to call public officials d*ckheads.
He should have called the a*holes
Many Greens would not care that he lost 2 members of his family. They would have responded “only two?” They wouldn’t have minded if his whole family was wiped out. An estimated 200 dead? they would have been happy with 2 million dead. As one Green scientist has said “Humans are the AIDS of the Earth.”
Greens are the new Nazis. They want to exterminate anyone they consider inferior, which is most of humanity, except for them. They didn’t start the fire, but they believe that who or what ever did was doing Gaia’s work. This fire was part of their Final Solution.

Rob Rosenlund
February 18, 2009 8:24 am

Hi,
If possible, could you please remove my recent comment from this site?
Rob Rosenlund (09:10:05) :
Thank you.
Rob Rosenlund

stephen
February 27, 2009 10:24 pm

Unbelievable, I can’t believe the want to slash and burn what little is left in Australia or on the planet. In my opinion the bloke should have been fined twice as much because he cleared way too much to defend his property and was illegal. It is a clear choice. If you want to live in the bush then abide by the law and protect your property legally and the way everyone else is doing it with tanks, pumps, and sticking to the rules. And you can defend your property against it, I have and I will stand up to any one who says otherwise. If you want to live in a paddock or cleared area, then don’t buy a bush block and expect to be able to clear it because you want to build your house on the top of a hill (the worst spot from a fire behaviour perspective) to get nice views. How about some common sense both ways. VIctoria is over 70% cleared…a pretty bloody big fire break in my books with plenty of “cleared space”. I know what I am talking about too as I have lived through a megafire and successfully defended my own property and I live in amongst stringbark forest, arguably the most fire prone vegetation type on the planet. C’mon people.

Guz
February 28, 2009 5:38 am

Why do jerks buy bush blocks and then want to clear it? It’s not as if we don’t have enough cleared land.
With or without firebreaks, fuel reduction etc our forests go off like a bomb. If people can’t deal with the reality they should stay in the cities.
This land has been used and abused for too long and now that we are finally stopping the onslaught we get clowns taking the law into their own hands and trying to retrospectively vindicate their criminality.
If he’d adhered to the planning guidelines the money he spent clearing trees in excess of the guidelines could have been invested in fire fighting equipment such as a sprinkler system. The #$%head would have been at least $80K ahead. I suspect the whole debacle had nothing to do with fire safety in the first place, he smells like an ego driven redneck maverick #$%^& to me.
http://www.mitchellshire.vic.gov.au/Files/12_Sept_05_Minutes.pdf
The fires have let all sorts of lowlifes come slithering out from under their rocks.

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