Hannam v De Wyse [1998] NSWLEC 79

Land and Environment Court of New South Wales

CITATION : Hannam v De Wyse [1998] NSWLEC 79 PROSECTOR Ian Dixon Hannam PARTIES : DEFENDANT Hendikus Antonius Carolus De Wyse FILE NUMBER(S) : 50041; 50069 of 1998 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: Soil Conservation Act Crimes Act CASES CITED: DATES OF HEARING: 25/11/98 DATE OF JUDGMENT: 11/25/1998

PROSECUTOR Mr. M Baird IV Knight (Crown Solicitors) LEGAL REPRESENTATIVES: DEFENDANT Mr. R Webb Willshire Webb Solicitors

JUDGMENT:

1. The defendant is charged under the provisions of the Soil Conservation Act in matter 50041 of 1998 that on or about 8 April 1996 to 16 April 1996 on the property known as Police Paddock at Wentworth he did cause to be destroyed a number of trees located on protected land within the meaning of that Act. The evidence is that fourteen trees were destroyed as a consequence of fires which were lit on the property during that period.

2. In matter 50069 of 1998 the defendant is charged in respect of essentially the same incident that he did cause to be injured a number of trees on the protected land on the same dates, they being ten trees which were damaged by fire. Subsequent investigation shows that it is expected they will survive and there are signs of regeneration occurring.

3. The property is situated on the banks of the Murray River. It comprises approximately 600 acres in the old terms, which I will use because the Court still appreciates what that is in real terms. The property is not highly developed in that only approximately 40 acres have been cleared. It has a frontage of nine kilometres to the Murray River and is used mainly as a source of recreation for the defendant and his family, including three children, and is utilised as what might be described as a hobby farm and for the riding of ponies and the like. The property is not operated for profit and expenses are incurred on an annual basis and from time to time to maintain it.