Ford v Hawkesbury City Council [2015] NSWLEC 19

Land and Environment Court New South Wales

Medium Neutral Citation: Ford v Hawkesbury City Council [2015] NSWLEC 19 Hearing dates: 16 February 2015 Date of orders: 16 February 2015 Decision date: 16 February 2015 Jurisdiction: Class 6 Before: Biscoe J Decision: The appeal against conviction and sentence is dismissed Catchwords: APPEAL – against conviction and severity of sentence – contractor convicted of unlawfully clearing about 12 trees on a rural property – whether defence of honest and reasonable mistake of fact made out – whether fine of $8,000 too severe Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 3A Environmental Planning and Assessment Act 1979 ss 76A(1)(a), 125(1) Hawkesbury Local Environmental Plan 1989 cl 36 Cases Cited: Franks v Woollahra Municipal Council [2007] NSWLEC 461 Jimenez v The Queen (1992) 173 CLR 572 Pittwater Council v Scahill [2009] NSWLEC 12, (2009) 165 LGERA 289 The Hills Shire Council v Kinnarney Civil & Earthworks Pty Ltd & Kinnarney [2012] NSWLEC 45, 299 LGERA 273 Warringah Council v Bonanno [2012] NSWLEC 265 Willoughby Council v Blahos [2013] NSWLEC 71 Category: Principal judgment Parties: Steven Ford (Applicant) Hawkesbury City Council (Respondent) Representation: COUNSEL: H Weller (Applicant) A Isaacs (Respondent)

SOLICITORS: Herbert Weller Solicitor (Applicant) Pikes & Verekers (Respondent) File Number(s): 60757/14 Decision under appeal Court or tribunal: Parramatta Local Court Jurisdiction: Criminal Date of Decision: 27/05/2014, 25/06/2014 Before: Magistrate Tsavdaridis File Number(s): 2013/291471