In Inspector Lancaster v Eurobodalla Shire Council [2009] NSWIRComm 192 (19 November 2009), the Industrial Relations Commission (IRC) has found that a gap in an otherwise "comprehensive" OHS plan gave rise to a tree-felling method that caused a Council worker's death. The Eurobodalla Shire Council was fined $175,000 over the incident.
The following are some recent court cases involving arborculture.
On 28 October, Preston CJ gave a decision, Plath v Rawson [2009] NSWLEC 178, concerning a prosecution relating to land on the NSW north coast involving activities where, amongst other things, nearly 1,200 threatened or vulnerable species of rainforest plants were cut and poisoned [para 4].
In New South Wales, a licence under section 91 licence under the Threatened Species Conservation Act 1995 may also need to be obtained a from the Department of Environment, Climate Change and Water (DECCW) if the tree is a threatened species or its part of a threatened population or ecological community.
The email below from Justice Brian J Preston, Chief Judge, Land &
Environment Court are a newish initiative that the L&E are
commencing to supply additional information from the Court to our
members. The first tree information broadcast can be downloaded here
In New South Wales, a licence under section 91 licence under the Threatened Species Conservation Act 1995 may also need to be obtained a from the Department of Environment, Climate Change and Water (DECCW) if the tree is a threatened species or its part of a threatened population or ecological community.
