The Queensland Court of Appeal dismissed the application for leave to appeal, upholding the validity of Chapter 22 of the City of Brisbane Ordinances which prohibited the removal of trees on private property and required their replacement. The Court considered challenges based on repugnancy to the authorising statute, unreasonableness, vagueness (particularly the use of the word 'any' and requirements to act 'to the satisfaction' of the local authority), and inconsistency with general or common law, but found none of these grounds warranted the grant of leave. The decision confirms that local government environmental regulation of vegetation on private land, authorised by broad statutory powers referencing 'the environment', can withstand validity challenges on multiple grounds.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
7 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.