Georges River Council v WK Strong Pty Limited; Georges River Council v Awada

The case of Georges River Council v WK Strong Pty Limited; Georges River Council v Awada, involved multiple proceedings against WK Strong Pty Limited and Mr Khaled Awada for offences under the Environmental Planning and Assessment Act 1979. The disputes centered around the illegal removal of protected trees without the necessary approval from the Georges River Council. The case was heard in the Local Court of New South Wales.

The primary legal issues before the court were whether the defendants had contravened specific sections of the Environmental Planning and Assessment Act 1979 by removing protected trees without the requisite approvals. The court had to determine whether the actions of the defendants constituted offences under s 125 of the Act, and if so, to what extent the provisions of s 125(3A) applied. This required an examination of the evidence regarding the removal of the trees, the applicable laws and regulations, and the processes followed by the defendants.

The court found that the defendants had indeed contravened the Act by removing the protected trees without the necessary approvals. The court was satisfied that the evidence demonstrated that the trees were protected under local environmental laws and that the removals were not in accordance with the statutory requirements. The court imposed fines on WK Strong Pty Limited for each of the trees removed, varying the fines based on the severity and circumstances of each offence. The court also found Mr Khaled Awada guilty of one offence under the Act, but the proceedings against him were dismissed with the imposition of a fine. The court ordered that WK Strong Pty Limited and Mr Khaled Awada contribute to the costs of the prosecutor as determined under the Criminal Procedure Act 1979.

In summary, the court found both defendants guilty of various offences under the Environmental Planning and Assessment Act 1979. Fines were imposed on WK Strong Pty Limited for multiple offences related to the removal of protected trees, with varying amounts based on the specific circumstances. Mr Khaled Awada was also found guilty of one offence and fined accordingly. The proceedings against him were dismissed, and both defendants were ordered to contribute to the costs of the prosecutor.