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)