Eurobodalla Shire Council v Cameron [2005] NSWLC 22

Local Court of New South Wales

CITATION: Eurobodalla Shire Council v Cameron [2005] NSWLC 22 JURISDICTION: Criminal PARTIES: Eurobodalla Shire Council Scott Cameron FILE NUMBER: PLACE OF HEARING: Batemans Bay Local Court DATE OF DECISION: 08/29/2005 MAGISTRATE: Magistrate D Heilpern CATCHWORDS: Development without consent - unauthorised removal of trees - maximum penalty when penalty infringement notice issued LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Fines Act Axer Pty Ltd v EPA [1993] 113 LGERA 357 Ebacarb Pty Ltd v EPA [2003] NSWLEC 441 CASES CITED: Regina v Doan [2000] NSWCCA 317 Sutherland Shire Council v Upper Class Developments Pty Limited [2003] NSWLEC 414 Inspector Daryl Wong v Arncul Pty Ltd [2000] NSWCIMC 17 REPRESENTATION: Mr Clarke for Council Mr Knox for Defendant ORDERS: The defendant is fined the sum of $10,000.00. There are court costs of $65 and he has 28 days to pay.

Reasons for Decision

1 This matter is a prosecution by Eurobodalla Shire Council (Council) against Scott Cameron for carrying out a development without consent pursuant to Section 125(1) and s76A of the Environmental Planning and Assessment Act 1979. The defendant pleaded guilty at the third mention of the matter and it was set down for hearing on disputed facts.

Prosecution Case 2 The defendants had his water-view house on the market for some months prior to the incident. In front of his house is a large gum tree. John Gomez, environmental ranger for the council attended at the property on 24 November 2004 having been called out to investigate a report of trees being cut down. Upon arrival he saw and photographed an employee of Eurobodalla Tree Services about 15 metres up a live gum tree, which was 20 metres tall. He was removing tree branches with a chain saw. Mr Cameron was spoken to shortly afterwards on site where he claimed he had permission to remove the trees. The trees were on a council reserve and no appropriate council consent was sought or obtained for the removal of the branches. Seven to ten branches had been cut from the reserve. 3 Mr Gomez made a notebook entry of his conversation regarding which he was not cross-examined at the disputed facts hearing. Part of that conversation is reproduced below (with spelling corrected)