Karina Niebla
09/13/2021 4:45 PM
Clarín.com
Cities
Updated 09/13/2021 4:45 PM
That the neighbors have access to the information of all
pruning or extraction of trees
.
That the staff in charge is welcomed and experienced.
That they become aware of the importance of vegetation in the City.
The Justice determined that until the Buenos Aires Government does not guarantee compliance with these and the other points of the Public Trees Law,
it will not be able to continue intervening in it
.
The ruling is from Chamber I of the Chamber of Appeals in Administrative and Tax Litigation, which rejected the appeals of the Buenos Aires Government and
signed the decision of Judge Guillermo Scheibler
.
In February, the magistrate
had ordered the suspension of pruning and extractions
until the provisions of Law 3,263 on Urban Public Trees were complied with.
The Buenos Aires government announced that it will appeal again.
The file
originated in an appeal for protection filed in 2017
by a neighbor of Commune 12, Claudia Heras, which was granted by Judge Scheibler, who ordered a precautionary measure.
The issue ended up being settled almost four years later, in February of this year, with a ruling by the same magistrate, which the Buenos Aires government appealed.
In this ruling, it is ordered to implement
"a computer system of free, free and public access"
that includes all the "actions corresponding to the management of public trees, allows to follow the traceability of each one of the specimens" and thus makes it possible to "control and verify in real time compliance with the provisions of articles 10, 11 and 12 of Law 3,263 ”.
Article 10 of that law orders
a technical evaluation to be carried out before pruning or extracting
, and to record a treatment.
The 11th and 12th establish that the technical personnel who practice technical evaluations, plant, prune, transplant or tale must be enabled through training and evaluations.
And that its capacity must have been certified by the enforcement authority.
The law orders a technical evaluation of the specimen before pruning.
According to the Technical Specifications Sheet, cited in the ruling, the contracting company will have
a technical representative to guide the crews
in the street work.
Must be "registered agronomist, forester or related career professional with proven experience in urban trees in the last five years."
The Buenos Aires government appealed the February ruling, which is now final thanks to the Chamber's ruling.
However, from the Arbolado area they indicated to
Clarín
that they will
resort to a new appeal
.
They also highlighted that the pruning is interrupted, but because
this Saturday the spring season started
, at which time the shoots begin to grow and this type of intervention is suspended.
"While doing growth development, the trees do not touch until they reach their peak," said an area spokesperson.
The ban will be extended
for 90 days
, during which
only urgent interventions will be made
.
Pruning is a necessary service, but one that must consider the health of the tree.
Four years of complaints
Heras is happy about the new ruling.
He says that four years ago he saw how they were
"destroying the trees of the City"
and decided to file an appeal.
The file was swollen with complaints from other porteños presented to the Public Prosecutor's Office.
“The Buenos Aires Government cannot be guided by the wishes and requests of the neighbors: it
is necessary to comply with the norms and the needs of the tree
.
If there is a branch that invades a property, that specific cut is requested, not to remove the entire crown ”, Heras maintains.
A point endorsed by the agronomist Carlos Anaya, who gave his expert opinion on the cause.
“There are
pointless extractions
, product of bad evaluations or unfounded requests from neighbors, instead of seeing how to recover the tree.
Thus we lose urban forest and its benefits, which are fundamental for mitigating climate change ”.
The circle is the space where there was an ombú, in front of the Ministry of Defense, which was extracted by the Buenos Aires government.
Photo Juano Tesone
The specialist also criticizes the pruning: “An
excessive rise
is practiced
in the canopy of the trees
, which are very high and thus acquire a bad relationship between diameter and height.
They lose strength, because if they do not have branches they cannot increase the diameter.
Thus they gain the risk of falling and, in addition, without tops or branches they do not provide any ecosystem service ”.
Enough of Mutilate Our Trees has denounced the breach of the Public Trees Law for years.
“When pruning is done in corridors, all the trees on the same block are intervened.
That goes against analyzing the situation of each plant and its treatment.
It must be specified
why it is necessary to cut and what is going to be done
”, highlights Angélica Di Giacomo, founder of the organization.
The specialists affirm that each specimen must be evaluated before pruning it.
The Buenos Aires government itself highlights on its official website that with each tree that remains vital, the footprint of between 150 and 250 kilos of carbon emissions emitted into the atmosphere per year is offset.
Among its benefits, it stands out
the purification of the air
by intercepting particulate material and the absorption of gaseous pollutants through the surface of the leaves.
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