Port Stephens Council v Padmos, J H and Anor. [2003] NSWLEC 447

> Land and Environment Court of New South Wales

CITATION : Port Stephens Council v Padmos, J H and Anor. [2003] NSWLEC 447 PROSECUTOR: Port Stephens Council PARTIES : DEFENDANTS: Padmos, J H; Rinmara Pty Limited FILE NUMBER(S) : 50118; 50119 of 2002 CORAM: Bignold J KEY ISSUES: Prosecution :- – Breach of Tree Preservation Order by pruning – Mitigating Factors LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 125(1) CASES CITED: DATES OF HEARING: 26/06/2003 EX TEMPORE JUDGMENT DATE : 06/26/2003

PROSECUTOR: Mr J Copnnors, Barrister

SOLICITORS Harris Wheeler

LEGAL REPRESENTATIVES: DEFENDANTS: Mr J Robson, Barrister

SOLICITORS C L Purcell

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

26 June 2003

50118 of 2002 PORT STEPHENS COUNCIL v JOHN HENRY PADMOS

50119 of 2002 PORT STEPHENS COUNCIL v RINMARA PTY LIMITED

JUDGMENT

HIS HONOUR 1. These are two prosecutions which, by consent, were heard together charging each Defendant with the same or similar offence, namely, a contravention of a Tree Preservation Order in force under the Port Stephens Local Environmental Plan 2000 in respect of the action of pruning without development consent a Moreton Bay Fig Tree situated on land fronting the Pacific Highway at Heather Brae in the vicinity of Raymond Terrace. Such action not only involved a breach of the Tree Preservation Order in force by virtue of the provisions of cl 50 of the Local Environmental Plan but in turn involved an offence against Environmental Planning and Assessment Act 1979, s 125(1).