Minister for the Environment & Heritage v Greentree [2003] FCA 857

FEDERAL COURT OF AUSTRALIA

Minister for the Environment & Heritage v Greentree [2003] FCA 857 ENVIRONMENT LAW – Application to dissolve interim injunction granted under s 475(5) of the Environment Protection and Biodiversity Act 1999 (Cth) – serious issue to be tried as to whether respondents engaged in conduct constituting contravention of the Act – possibility that respondents have contravened the Act and possibility of rehabilitation of wetlands relevant to the assessment of balance of convenience Environment Protection and Biodiversity Act 1999 (Cth), ss 16, 17(1), 475 Convention on Wetlands of International Importance especially as Waterfowl Habitat, done at Ramsar, Iran, on 2 February 1971 MINISTER FOR THE ENVIRONMENT AND HERITAGE v RONALD GREENTREE AND OTHERS N 914 of 2003 SACKVILLE J SYDNEY 8 AUGUST 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 914 OF 2003

BETWEEN: MINISTER FOR THE ENVIRONMENT AND HERITAGE

APPLICANT

AND: RONALD GREENTREE

FIRST RESPONDENT

MARIE GREENTREE

SECOND RESPONDENT

MERRYWINEBONE PTY LTD

THIRD RESPONDENT

ADAM NORRIE

FOURTH RESPONDENT

AMY MAREE GREENTREE

FIFTH RESPONDENT

KENNETH BRUCE HARRIS

SIXTH RESPONDENT

ROBERT HAROLD HARRIS

SEVENTH RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 8 AUGUST 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application to dissolve the interim injunction granted on 31 July 2003 be dismissed. 2. The interim injunction granted on 31 July 2003 be varied from the date of these orders to read as follows: "Each of the respondents is restrained from engaging in the following conduct, either directly, or through his, her or its agents or servants: (a) land clearing, ploughing or cropping activities (including the planting of seeds), and any other activities disturbing or otherwise affecting the soil inside and up to 40 metres outside of that portion of the declared Ramsar wetlands known as Gwydir Wetlands (a photograph depicting the boundaries of which portion is attached to the orders of 31 July 2003) which is located within two lots of the property known as "Windella", in particular Lot 8 in DP 750461 in the Parish of Dundunga and Lot 9 in DP 750444 in the Parish of Collyu, County of Benarba, Local Government Area of Moree Plains (this portion of the Gwydir Wetlands is referred to as "the Windella component of the Gwydir Wetlands"); (b) land clearing, ploughing or cropping activities (including the planting of seeds), and any other activities disturbing or otherwise affecting the soil within 40 metres on either side of the entire length of the watercourse on the property known as "Windella" in and leading into the Windella component of the Gwydir Wetlands; (c) any work on the property known as Windella designed to alter, or which is reasonably likely to have the effect of altering the flow regime of waters into and out of the Windella component of the Gwydir Wetlands and that such interim injunction continue in force until further order." 1. The applicant file an Amended Application by 29 August 2003. 2. The applicant file and serve the evidence on which it relies in support of the final relief sought by 8 September 2003. 3. The proceedings be adjourned to a further directions hearing on 11 September 2003 at 9.30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.