General News
23 October, 2026
Court reprieve for fig tree
REMOVAL of a beloved mature fig tree beside the playground at Rex Smeal Park in Port Douglas has been given a short reprieve after residents used court action to stop its axing.
After the last minute, 6am court hearing, on Tuesday 20 October, removal of the tree was delayed, subject to another hearing on 16 November. The decision was made just an hour before arborists were due to start cutting down the tree.
Douglas Shire Council said work had ceased to remove the decaying fig tree as the matter was now before the courts.
“No further work will take place and an exclusion zone around the site will remain in place until the matter returns to court in mid-November 2026,” council said.
“The Rex Smeal Park playground will remain closed during this time to ensure public safety.”
Preparation to remove the tree originally began on Monday morning, 19 October, with council saying the work was necessary for safety reasons following assessments from independent arborists.
Council said that recent expert assessments had determined the tree could not be saved and must be removed to protect public safety. Fungal decay is the likely cause of major cracks and weakened branches within the tree.
Cooya Beach resident Melina Capogreco straight away expressed her concerns, saying that the initial arborist’s report had not been made public and that the local community had only been given a day’s warning prior to the fig tree’s removal.
“I have no concerns if the tree is a genuine risk to the public but let us all see the report,” Ms Capogreco said.
“I emailed the Mayor and other councillors to ask for access to the report but had no reply.
“After some Facebook group discussion, I realised that the public support for the fig tree was already amazing. Even an experienced arborist said this situation wasn’t right.
“At 11pm on Monday (19 October), I was informed that this case could be taken to the High Court.”
“Amazingly, after a lot of effort, I and other supporters managed to get an online court hearing, from Brisbane, in front of a judge at 6am Tuesday morning.
“The decision was made by the court to postpone the tree removal, so immediately we attempted to present the court papers to members of the Douglas Shire Council that morning, but they didn’t seem interested.
“Initial work, to remove the tree, began on that Tuesday morning about 8am, so I informed the police, but they would not help.
“I believe that somebody from the High Court then called the Douglas Shire Council and told them to stop the work on the fig tree.”
“With another court hearing, on 16 November, to clarify the current health status of the tree and its future prospects, people have been incredible, donating money towards solicitor’s fees and a GoFundMe page has also been set up.”
Douglas Shire Mayor Lisa Scomazzon said the decision had not been made lightly. “The fig trees are an iconic part of Rex Smeal Park and have provided shade and memories for generations of local families and visitors,” she said.
