NSW Caselaw
Land and Environment Court of New South Wales
CITATION : The Council of the City of Gosford v Tauszik [2005] NSWLEC 183
Gosford City Council (Prosecutor) PARTIES : Anthony John Tauszik (Defendant)
FILE NUMBER(S) : 50001 of 2003
CORAM: McClellan CJ
Environmental Offences :- Removal of three trees without development consent Prohibited by tree preservation order KEY ISSUES: Whether trees were within three metres from an approved dwelling so that consent could be assumed pursuant to council's landscape and vegetation management policy Honest and reasonable mistake defence Offence proved for two of the three trees
Environmental Planning & Assessment Act 1979 s 125 LEGISLATION CITED: Local Government Act 1919 s 12A
Cameron v Lake Macquarie City Council (2000) 107 LGERA 308; Hornsby Shire Council v Kline NSWLEC 29 October 1998, unreported; Hornsby Shire Council v Winslow (1998) 101 LGERA 117; CASES CITED: Meriton Apartments Pty Limited v Ryde City Council (1998) 108 LGERA; Proudman v Dayman (1941) 67 CLR 536; State Rail Authority v Hunter Water Board (1992) 28 NSWLR 721
DATES OF HEARING: 28 February - 7 March 2005
DATE OF JUDGMENT: 03/07/2005
D A Buchanan SC/M C Fraser (Prosecutor) P J Donnellan & Co by city agents Wilshire Webb (Solicitors) LEGAL REPRESENTATIVES:
I S Lloyd QC/T Howard (Defendant) de Mestre & Company (Solicitors)
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