NSW Caselaw
Land and Environment Court of New South Wales CITATION: Gosford City Council v Robson Excavations Pty Ltd [1999] NSWLEC 154
PARTIES PROSECUTOR: Gosford City Council
DEFENDANT: Robson Excavations Pty Ltd
NUMBER: 50051-4 of 1998
CORAM: Lloyd J
KEY ISSUES: Environmental Offences :- breach of tree preservation order - reduction of penalty for assistance to prosecutor
LEGISLATION CITED: Crimes Act s 442B Environmental Planning & Assessment Act 1979 s125
DATES OF HEARING: 06/16/1999
EX TEMPORE JUDGMENT DATE: 06/16/1999
Prosecutor: G W Turnbull (barrister) Solicitors: P J Donnellan & Co LEGAL REPRESENTATIVES: Defendant: P C Tomasetti (barrister) Solicitors: Orchiston Ranzetta Finney
JUDGMENT: IN THE LAND AND Matter No: 50051-4 of 1998 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 16 June 1999
GOSFORD CITY COUNCIL Applicant
v
ROBSON EXCAVATIONS PTY L.IMITED Respondent
JUDGMENT
HIS HONOUR:
1. The defendant pleads guilty to four charges as follows:- In summons number 50051 of 1998, to the charge of " cut down trees without consent of Gosford City Council contrary to the tree preservation order published in the New South Wales Government Gazette 26 April 1995 ." It is said that this offence occurred between 3 October and 20 October 1997.
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