Yarrowlumla Shire Council v Fenwick [2000] NSWLEC 121

Land and Environment Court of New South Wales

CITATION : Yarrowlumla Shire Council v Fenwick [2000] NSWLEC 121 PROSECUTOR: PARTIES : Yarrowlumla Shire Council DEFENDANT John Patrick Fenwick FILE NUMBER(S) : 50083 of 1999 CORAM: Sheahan J KEY ISSUES: Environmental Offences :- development of road without consent - plea of guilty - ancillary removal of trees not subject of specific charge - undertaking to court LEGISLATION CITED: Environmental Planning & Assessment Act 1979 CASES CITED: DATES OF HEARING: 11/05/2000 EX TEMPORE 05/11/2000 JUDGMENT DATE :

PROSECUTOR Mr Alan Bradbury (Solicitor) SOLICITORS Minter Ellison LEGAL REPRESENTATIVES: DEFENDANT Mr J Robson (Barrister) SOLICITORS Tetlow Jansen & Doyle

JUDGMENT: IN THE LAND AND Matter No: 50083 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 11 May 2000

YARROWLUMLA SHIRE COUNCIL Prosecutor v JOHN PATRICK FENWICK Defendant

JUDGMENT

1. The defendant Mr Fenwick, known as Jock, is a 53 year old plant operator of modest means, who lives in suburban Canberra, but has owned and leased a total of about 480 acres of agricultural and timbered land at Burra, between Queanbeyan and Michelago, for about 18 years and intends to retire there.

2. He works as a subcontractor to the ACT Electricity & Water Authority, and his direct supervisor, Mr Apps, holds him in high regard as " reliable and professional ".

3. He has always accessed his Burra land by using a track, often unsuitable to two wheel drive vehicles, on a Crown road reserve linking his holding to Burra Road. The reserve runs through the holdings of the Graham family. At the track's junction with Burra Road there was a " dogleg " in the track to assist in the negotiation of its steep slope.