Mitchell Shire Council has successfully prosecuted a significant case of illegal tree removal in Hidden Valley, Wallan. The case involved the removal of 88 native trees at 61-65 Eastern Ridge, without the required planning permit.
The matter was heard at Broadmeadow’s Magistrates’ Court on 8 July, 2024.
Counsel for Mitchell Shire told the court that following a complaint from a community member and subsequent investigation, it was revealed that native vegetation had been unlawfully removed from the property. The court heard, that while a planning permit had previously been obtained for some vegetation removal and the construction of a dwelling, this permit had expired. No new permit was secured for the additional removal of the native trees.
Mitchell Shire Council lodged charges against the owner of the land Mamuna Investment Group Pty Ltd, and its sole director, Ahmad Hashmi. After negotiating a plea, both parties faced one charge each for the removal of native vegetation without a planning permit.
Both accused pleaded guilty to their respective charges. Mamuna Investment Group Pty Ltd was fined $40,000, and Ahmad Hashmi was fined $30,000, with additional costs amounting to $9,546.50. No conviction was recorded against either accused.
Council officers are now preparing a VCAT application for an enforcement order against the owner and director. This enforcement order will seek to obtain offsets for the removal of the native vegetation, aiming to restore the environmental impact caused by this unauthorised activity.
