Simpson v Gatacre [1992] NSWLEC 18 (3 April 1992) [1992] NSWLEC 3

Land and Environment Court of New South Wales

CITATION : Simpson v Gatacre [1992] NSWLEC 18 (3 April 1992) [1992] NSWLEC 3 PARTIES : Simpson v Gatacre FILE NUMBER(S) : 50307-50310 of 1990 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Soil Conservation Act 1938 CASES CITED: Simpson v. Love (Unreported, 23 October 1991) DATES OF HEARING: DATE OF JUDGMENT: 04/03/1992

LEGAL REPRESENTATIVES:

JUDGMENT: HIS HONOUR: On 2 March 1992 I found the defendant, William Michael Gatacre, guilty of four breaches of s21C of the Soil Conservation Act 1938 as amended. I have since heard evidence and submissions in mitigation of penalty. To save unnecessary repetition of the facts I will append my earlier Judgment. The offence is causing a number of trees to be cut down in January 1989 on protected land on the northern bank of the Edward River at "Woorooma" property, Moulamein. Each summons nominates the breach of a particular condition attached to an authority issued to the defendant under s21D of the Act. One further summons (50311/90) has been withdrawn and dismissed.

The conditions breached are:-

Condition 3 which provides "Trees which are less than 60 cm. in diameter at a height of 1.3 metres above the ground shall be retained."

Condition 7 provides "In areas other than tree plantations not more than 50% of trees which are greater than 60 cm. in diameter at a height of 1.3 metres above the ground shall be destroyed. However, a minimum of one such tree, large crowned where possible, shall be retained every 15 metres along each side of the watercourse."

Condition 9 provides "In felling, trees which are unable to be directed away from the river or lake may be felled only with the approval of the inspecting officer."