Burwood Council v Abdul-Rahman (No 2) [2017] NSWLEC 177

Land and Environment Court New South Wales

Medium Neutral Citation: Burwood Council v Abdul-Rahman (No 2) [2017] NSWLEC 177 Hearing dates: 4 December 2017 Date of orders: 13 December 2017 Decision date: 13 December 2017 Jurisdiction: Class 5 Before: Moore J Decision: See orders at [84] Catchwords: SENTENCE – prosecution for removal of tree without development consent – tree in heritage conservation area – removal required approval of Council – no approval applied for – tree was mature Lemon-Scented Gum (Corymbia citriodora) – no evidence tree was dead at time of removal – no contrition or remorse – prior convictions for removal of trees – Defendant has significant experience with development approval process as applicant for developments consents including at least in eight (8) Class 1 development appeals in this Court – appropriate starting penalty $50,000 – no evidence of the Defendant's incapacity to pay penalty – no basis to reduce penalty because of Defendant's financial circumstances – no basis to discount penalty –Defendant fined $50,000. Legislation Cited: Burwood Local Environmental Plan 2012 Crimes Sentencing Procedure Act 1999, ss 21A Environmental Planning and Assessment Act 1979, ss 80A(1), 125(1), 125B and 126 Fines Act 1996, s 6 Protection of the Environment Operations Act 1997, Pt 8.3 Cases Cited: Abdul-Rahman v Strathfield Municipal Council [2016] NSWLEC 1393 Burwood Council v Abdul-Rahman [2017] NSWLEC 103 Burwood Council v Jarvest Pty Ltd [2011] NSWLEC 109 Cameron v Eurobodalla Shire Council (2006) 146 LGERA 349; [2006] NSWLEC 47 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Chief Executive of the Office of Environment and Heritage v Cory Ian Turnbull [2017] NSWLEC 140 Ku-ring-gai Council v Edgar [2017] NSWLEC 49 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Mosman Municipal Council v Menai Excavations Pty Limited (2002) 122 LGERA 89; [2002] NSWLEC 132 Veen v The Queen (No 2) 164 CLR 465; [1988] HCA 14 Willoughby City Council v Rahmani [2017] NSWLEC 166 Wollongong City Council v Eldridge [2017] NSWLEC 35 Category: Sentence Parties: Burwood Council (Prosecutor) Omar Abdul-Rahman (Defendant) Representation: Counsel: Mr S Shneider, solicitor (Prosecutor) Defendant in person