By Ian Holmes

Record-setting fine levied after ‘1-in-10,000’ tree illegally chopped in Nanaimo

Dec 19, 2018 | 2:19 PM

NANAIMO — What’s believed to be the largest fine in B.C. history for the illegal removal of a tree was handed down by a provincial court judge in Nanaimo.

Mladen Zuvich was fined $12,500 Wednesday in Nanaimo after he was found guilty for his role in a massive 180-foot Douglas Fir being taken down on his Jingle Pot Rd. property in January 2017.

A decision was not rendered by Judge Ron Lamperson for co-accused Dwayne Macintyre. The contractor hired by Zuvich was given more time to hire a lawyer prior to a verdict.

City lawyer Troy DeSouza told NanaimoNewsNOW he’s satisfied with the result, which was reached in a joint submission with Zuvich’s lawyer.

“$12,500 so far for one co-defendant, there’s another one (case) outstanding. But it’s well worth it, it was testified in court to be a one-in-10,000 tree.”

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DeSouza compared the unique, towering tree to those which stand in world-renowned Cathedral Grove.

Zuvich’s conviction amounted to the maximum court fine of $10,000 for the illegal act of cutting down the tree, and a further $2,500 for disobeying the permit he applied for.

“It’s fitting that this tree deserves this kind of remembrance for what it was,” DeSouza said.

Judge Lamperson gave Zuvich six months to pay the City, which will fund various environmental restoration initiatives with the fine revenue.

DeSouza said arguments the protected tree was a safety hazard and needed to be cleared for a second home didn’t hold up.

Zuvich was given a City permit to remove several trees, but not the contended Douglas Fir, DeSouza said.

Patrick McIntosh, the City’s urban forestry coordinator, said the ancient tree was 55-inches in diameter.

“Approximate age would be 150-years-old, as old as Canada, maybe older,” McIntosh said. “You really don’t see many like them especially in this kind of good condition.”

McIntosh, who investigated the case, said the tree would have thrived for at least another 80 years and was not a safety hazard.

The decision against Zuvich followed a staggering tree removal fine of $84,000 levied against a Nanaimo businessman one month ago.

The City can issue maximum fines of $500 per tree for illegal removal, while punishment from the courts can range between $500 to as high as $10,000 per tree.

The City’s tree removal bylaw allows for up to four unprotected mature trees to be removed from private property annually, while no protected trees can legally be chopped down without a permit.

Media attention on Nanaimo’s tree removal bylaw has led to a surge of inquiries.

“I’m getting a lot more calls,” McIntosh said.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes