I Introduction

For over 30 years, Adrian Bradbrook has been a leading figure both within Australia and internationally on the law and its application to the area of solar energy in Australia. His seminal work on the subject, Solar Energy in Australia, was published in 1984 and in 2010 he reviewed the contemporary situation in Australia regarding solar access law in a major article for the Environmental and Planning Law Journal. His writing in this area was influenced by his work in property law and particularly (from the solar access point of view) his work on easements and restrictive covenants, which was the basis for an earlier publication in 1981 with Marcia Neave. The work on solar energy led Bradbrook to look more broadly at the topic of energy law and that has been his particular focus for the past 20 years or so. His work in the energy law area has focused particularly on the concept of sustainable energy, both from the concept of more sustainable use of energy and more sustainable energy production.

This chapter addresses the issue of land use planning controls applying in South Australia at the time of writing which regulate the removal and damaging of urban trees. The topic is not as remote from the fields of Bradbrook's work as it might, initially, appear. First, the regulatory mechanisms which control and restrict urban tree removal relate to the use of land.