Successful prosecution in Land and Environment Court

  • Earthworks ordered to cease at Colo property
  • Site to be restored and rehabilitated
  • Respondents to pay costs

Hawkesbury City Council has successfully prosecuted Mustapha Kara-Ali, Diaa Kara Ali and Southern Chariot Stud Pty Ltd at the Land and Environment Court with the Orders of the Court handed down on Monday, 27 August 2018. The full Orders of the Court are here.

The Orders of the Court will be served upon the respondents by the Land and Environment Court due to their lack of attendance at the Court on Monday, 27 August 2018.

Council officers attended the Colo site on many occasions with the initial visit being in October 2017. Officers issued several Notices and Orders under the Environmental Planning and Assessment Act for development carried out without consent. However, the owners continued to carry out earthworks, land clearing and building on the property.

Due to the lack of regard for planning legislation and the scale and high environmental impact of the illegal works undertaken at the property, Council sought to prosecute the property owners at the Land and Environment Court.

At the Land and Environment Court on Monday, 27 August 2018, the Orders of the Court were that:

  • All further works earthworks, building works, fencing, and other works cease
  • All works that have been carried out are to be either removed/demolished or restored; this includes all buildings, flag poles, fencing, gates, sheds, boat ramp and works by the river, septic tanks and demountable buildings
  • Engineering, landscape and revegetation plans from qualified experts, for the restoration and rehabilitation of the site, to be provided to Council
  • The Respondents are to pay Hawkesbury City Council the cost of legal proceedings.

The Court Orders requested that these works are complied with, within certain timeframes, and Council Compliance officers will monitor these actions to ensure that they are complied with. If the orders are not complied with, Council will seek additional legal advice to have the matter brought back before the Land and Environment Court for further determination.

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