Court Stops Removal of Historic Fig Tree at Port Douglas Park
By Chloe · Published 21 Oct 2026 · Updated 21 Oct 2026
Port Douglas, QLD
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Court Stops Removal of Historic Fig Tree at Port Douglas Park - Port Douglas, QLD
Smart summary
A last-minute Supreme Court injunction has halted plans to remove a large fig tree at Rex Smeal Park in Port Douglas after a local resident gathered more than 1,000 petition signatures to save it.
A court decision has temporarily stopped the Douglas Shire Council from cutting down a large fig tree at Rex Smeal Park in Port Douglas, Queensland, following a community campaign to preserve it.
The council had planned to remove the tree on Tuesday, 20 October, arguing that it had deteriorated and posed a potential safety risk. However, resident Melina Capogreco sought an urgent injunction after collecting more than 1,000 signatures from people who wanted the tree saved.
The Supreme Court granted the injunction, preventing the council from carrying out the removal until the matter returns for a hearing on 16 November 2026. The ruling is temporary; it does not mean the tree has been permanently protected.
Capogreco welcomed the court's decision, saying she was surprised and relieved that the urgent application had succeeded. The petition reflected concerns from residents who wanted the council's plans reconsidered before an established tree in a public park was removed.
The council's position is that the fig tree has decayed and presents a safety concern. Trees in public spaces can become hazardous when their trunks, roots or major branches deteriorate, particularly in areas used by families, tourists and other visitors. Councils must weigh the environmental and community value of mature trees against their responsibility to keep public spaces safe.
Following the injunction, Douglas Shire Council confirmed that it would not undertake further work on the tree while the legal process continued. However, it said an exclusion zone would remain around the site as a precaution.
The playground beside the tree will also remain closed for safety reasons. This means the dispute has consequences beyond the tree itself, affecting access to part of the popular park while the case proceeds.
Rex Smeal Park is a waterfront public space in Port Douglas, a town known for tourism and its coastal setting. Mature trees can provide shade, contribute to the appearance of public spaces and support local wildlife. At the same time, any decision about retaining an ageing tree requires careful assessment of its condition and the potential risks to visitors.
The upcoming court hearing will provide an opportunity for the legal dispute to be considered further. Until then, the council must comply with the injunction and maintain its safety arrangements around the site.
The case highlights a broader challenge faced by local governments across Australia: deciding how to balance public safety, environmental preservation and community wishes. The outcome could determine whether the council can proceed with its removal plans or whether further consideration of the tree's future is required.
For residents who supported the campaign, the injunction represents a chance to have their concerns heard before an irreversible decision is made. For the council, maintaining the exclusion zone remains important while the legal process continues.
TreeCouncilCourtDouglasInjunction
A court decision has temporarily stopped the Douglas Shire Council from cutting down a large fig tree at Rex Smeal Park in Port Douglas, Queensland, following a community campaign to preserve it.
The council had planned to remove the tree on Tuesday, 20 October, arguing that it had deteriorated and posed a potential safety risk. However, resident Melina Capogreco sought an urgent injunction after collecting more than 1,000 signatures from people who wanted the tree saved.
The Supreme Court granted the injunction, preventing the council from carrying out the removal until the matter returns for a hearing on 16 November 2026. The ruling is temporary; it does not mean the tree has been permanently protected.
Capogreco welcomed the court's decision, saying she was surprised and relieved that the urgent application had succeeded. The petition reflected concerns from residents who wanted the council's plans reconsidered before an established tree in a public park was removed.
The council's position is that the fig tree has decayed and presents a safety concern. Trees in public spaces can become hazardous when their trunks, roots or major branches deteriorate, particularly in areas used by families, tourists and other visitors. Councils must weigh the environmental and community value of mature trees against their responsibility to keep public spaces safe.
Following the injunction, Douglas Shire Council confirmed that it would not undertake further work on the tree while the legal process continued. However, it said an exclusion zone would remain around the site as a precaution.
The playground beside the tree will also remain closed for safety reasons. This means the dispute has consequences beyond the tree itself, affecting access to part of the popular park while the case proceeds.
Rex Smeal Park is a waterfront public space in Port Douglas, a town known for tourism and its coastal setting. Mature trees can provide shade, contribute to the appearance of public spaces and support local wildlife. At the same time, any decision about retaining an ageing tree requires careful assessment of its condition and the potential risks to visitors.
The upcoming court hearing will provide an opportunity for the legal dispute to be considered further. Until then, the council must comply with the injunction and maintain its safety arrangements around the site.
The case highlights a broader challenge faced by local governments across Australia: deciding how to balance public safety, environmental preservation and community wishes. The outcome could determine whether the council can proceed with its removal plans or whether further consideration of the tree's future is required.
For residents who supported the campaign, the injunction represents a chance to have their concerns heard before an irreversible decision is made. For the council, maintaining the exclusion zone remains important while the legal process continues.
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