Hewett v Adams [1991] NSWLEC 104 (2 October 1991) [1991] NSWLEC 1

Land and Environment Court of New South Wales

CITATION : Hewett v Adams [1991] NSWLEC 104 (2 October 1991) [1991] NSWLEC 1 PARTIES : Hewett v Adams [1991] NSWLEC 104 (2 October 1991 FILE NUMBER(S) : 50105,50106 of 1991 CORAM: KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act, 1979 ("EPA Act") Local Government Act, 1919. Fry v Paterson ; CASES CITED: Tesco Ltd. v Nattrass 1972 AC 153 at 176 ; Giorgianni v The Queen (1985) 156 CLR 473 DATES OF HEARING: DATE OF JUDGMENT: 10/02/1991

APPLICANT LEGAL REPRESENTATIVES: RESPONDENT

JUDGMENT: These prosecutions commenced on 10 May 1991. The defendant, George Adams, was charged with two offences alleging breach of a Tree Preservation Order made by the Council of the Shire of Wyong ("the Council"). The offences were alleged to have occurred on or about 16 November 1990.

Summons No.50106/91 charged that the defendant on or about 16 November 1990 removed, injured or wilfully destroyed trees on land known as Lot 26 D.P.228750, St John's Road, Warnervale contrary to a Tree Preservation Order.

Summons No.50105/91 charged that the defendant on or about 16 November 1990 aided, abetted, counselled or procured another person or persons to remove, injure or wilfully destroy trees on land known as Lot 26 D.P.228750, St John's Road, Warnervale, contrary to a Tree Preservation Order.

To both charges the defendant pleaded not guilty, and the proceedings were heard together. The prosecutor, Mr P.D. Hewett, is the Tree Manager of the Council. Consent of the Minister given on 14 March 1991 pursuant to s.127(6) of the Environmental Planning and Assessment Act , 1979 ("EPA Act") to the commencement of the prosecutions by the Council was established (Exhibit B).