Council successfully prosecutes for tree removal offences


Following illegal tree clearing in Glossodia, a decision was handed down at Windsor Local Court in which a long-running plea of guilty was concluded late last year.

Council was successful in the prosecution of a Glossodia resident and the contractor for illegally clearing land that was of high value environmentally.

In sentencing, the magistrate noted that the land which the resident had allowed to be cleared was on notice of the restrictions and that little care was exercised by the landowner in directing the contractor.

The Court said the offence was in the mid to high range; that there was a high level of carelessness displayed but that the Defendant had cooperated with Council and expressed remorse and was unlikely to reoffend.

The Court distinguished between the contractor’s position and the property owner’s. The Court said that an appropriate fine for the landowner was $37,500. In addition, the landowner was ordered to pay Council’s legal costs of approximately $12,000.

The magistrate also found the contractor guilty and took into account that the owner had instructed to carry out the works. However, there was also an onus upon the contractor to ensure the works had approval. The contractor was ordered to pay a fine of $8,000 and Council’s legal costs of around $12,000. This has since been appealed in the Land & Environment Court.

Council treats these matters very seriously and so does the community, the Director City Planning, Matthew Owens explained.

“Outcomes such as these support Council's decision to prosecute illegal tree clearing,” Mr Owens said.

“If there is any doubt about the need to obtain Council approval for tree removal, or any other activity, Council’s planning section may be contacted during normal office hours for advice. Council’s planning controls are also available for download on Council’s website www.hawkesbury.nsw.gov.au.

"Council receives many complaints regarding tree removal and earthworks, and these are all investigated,” he said.

“However it is always critical that individuals obtain the appropriate approvals in the first place.”

Anyone who witnesses tree removal or potentially illegal earthworks is asked to report it to Council's Customer Service Officers on (02) 4560 4444 so that the matter can be investigated in a timely manner. Fines of up to $1.1 million can be enforced by the Land and Environment Court and up to $110,000 per offence in the Local Court for such matters.

For more information visit Hawkesbury City Council