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Lucy v OCC Holdings Pty Ltd & Ors

Country/Territory
Australia
Type of court
National - lower court
Date
Jan 31, 2008
Source
UNEP, InforMEA
Court name
Magistrates Court of Maroochydore
Judge
Robin QC DCJ
Reference number
(2008) 157 LGERA 279
Language
English
Subject
Land & soil, Wild species & ecosystems, Legal questions
Abstract

This was the last of three cases concerning the unauthorised and pre-emptive clearing of native vegetation to make way for a development, which ultimately was never approved.

In the first trial the Caloundra City Council sought and obtained an injunction to prevent the respondent from further felling of trees on the property, after approximately 4.8 hectares were cleared on 21 July 2004.

This particular action was brought against the developers, however was stayed due to technical issues with the prosecution’s case. The prosecution successfully appealed the Magistrate’s decision in the District Court and the matter was re-mitted for further hearing in the Magistrates Court.

However, the Council did not proceed with the re-trial of the criminal proceedings.

 

(Contribution:  Case provided by Chloe Foyster from QUT)

Full text
QDC08-004.pdf