In January of 2025, an 120-year-old Magnolia tree located on Henrietta Street was removed without authorisation. The tree formed part of a heritage-listed property under Schedule 5 of the Waverly Local Environmental Plan, and its removal has triggered significant legal and community concern. Pursuant to the Environmental Planning and Assessment Act 1979 (NSW), works affecting heritage-listed items require formal development consent. Section 4.1 of the Act contemplates Tier 1 penalties for deliberate and serious contraventions, which includes unauthorised works on heritage items. These penalties may reach up to $1 million for individuals and $5 million for corporations. Despite the seriousness of the breach, the penalty imposed in May this year was limited to a $3000 fine.

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