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When can I be issued with an infringement notice?

I have been served a penalty infringement notice by my local council for the amount of $1500. In the notice it states that my actions in removing a large 50-year-old tree from the front of my property caused cracks in the footpath. I had the tree removed because I didn’t like how it obstructed my view of the city. I didn’t think I needed permission. What will happen now?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 13-11-2015
1 Lawyer Answered
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  1. Environment & Planning
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • A council may issue a penalty infringement notice if you unlawfully remove a tree from your property.
  • A penalty infringement notice is an on-the-spot fine for certain offences such as unlawful tree removal. This is because all councils protect trees particularly if they are old and uncommon.
  • The council may also seek a court order to rectify the damage caused by removing the tree and causing cracks in the footpath.

                                                                                                                               

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