Craig Sheather v Dr Mark Corrigan in his capacity as an authorised officer under the Biosecurity Act 2015 [2022] NSWLEC 1331

Land and Environment Court New South Wales

Medium Neutral Citation: Craig Sheather v Dr Mark Corrigan in his capacity as an authorised officer under the Biosecurity Act 2015 [2022] NSWLEC 1331 Hearing dates: Conciliation conference on 28 April 2022; 17 May 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Class 2 Before: Adam AC Decision: The Court orders: (1) The appeal is upheld. (2) An individual biosecurity direction under s 128 of the Biosecurity Act 2015 is given on the terms set out in the Annexure. Catchwords: APPEAL – individual biosecurity direction – biosecurity matter – conciliation conference – agreement between the parties – orders Legislation Cited: Biosecurity Act 2015, ss 3, 10, 11, 12, 13, 14, 125, 128, 130, 140, Pt 2 Biosecurity Regulation 2017, cll 36, 38, Div 9 Environmental Planning and Assessment Act 1979 Interpretation Act 1987, s 36 Land and Environment Court Act 1979, ss 18, 34, 39 Cases Cited: Gerroa Environment Protection Society Inc v Minister for Planning and Cleary Bros (Bombo) Pty Ltd (No 2) [2008] NSWLEC 254 Newcastle & Hunter Valley Speleological Society Inc. v Upper Hunter Shire Council and Stoneco Pty Limited (No 2) [2010] NSWLEC 104 Texts Cited: Animal Health Australia, Australian Ruminant Feed Ban National Uniform Guidelines, October 2021 Category: Principal judgment Parties: Craig Norman Sheather (Applicant) Dr Mark Corrigan in his capacity as an authorised officer under the Biosecurity Act 2015 (Respondent) Representation: Counsel: R Coffey (Applicant) L Waterson (Respondent)