Byron Shire Council v Sommerville [1999] NSWLEC 97

Land and Environment Court of New South Wales CITATION: Byron Shire Council v Sommerville [1999] NSWLEC 97

PARTIES APPLICANT Byron Shire Council

RESPONDENT Graham Sommerville

NUMBER: 50127 of 1998

CORAM: Sheahan J

KEY ISSUES: :- native vegetation, conviction, penalty, plea of guilty

LEGISLATION CITED: native vegetation, conviction, penalty, plea of guilty

DATES OF HEARING: 02/08/1999

EX TEMPORE JUDGMENT DATE: 02/08/1999

APPLICANT Mr A Hudson (Solicitor) of Wiltshire Webb

LEGAL REPRESENTATIVES: RESPONDENT Mr J Maston (Barrister) SOLICITORS Mr J Boyd of Walters

JUDGMENT:

IN THE LAND AND Matter No: 50127 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 8 February 1999

BYRON SHIRE COUNCIL Applicant v

GRAHAM SOMMERVILLE Respondent

EXTEMPORE JUDGMENT

1. The defendant, Graham Sommerville, is a thirty-one year old excavation contractor from Lismore who pleads guilty to a charge of breaching s 76 of the Environmental Planning and Assessment Act 1979 by removing without consent twelve large native trees, details of which are set out in the summons and in various exhibits - twelve trees which it is agreed are covered by a tree preservation order gazetted on 6 September 1996.