Director-General Department Of Land & Water Conservation - V - Pye (No 2) [1999] NSWLEC 45

Land and Environment Court of New South Wales CITATION: Director-General Department Of Land & Water Conservation - V - Pye (No 2) [1999] NSWLEC 45

PARTIES PROSECUTOR Director-General of the Department of Land & Water Conservation

DEFENDANT Pye

NUMBER: 50128 of 1997

CORAM: Lloyd J

KEY ISSUES: :- criminal proceedings - application for costs made after summonses dismissed - slip rule

LEGISLATION CITED: criminal proceedings - application for costs made after summonses dismissed - slip rule

DATES OF HEARING: 03/04/1999

DATE OF JUDGMENT DELIVERY: 03/16/1999

PROSECUTOR M H Baird Solicitors: Crown Solicitors Office LEGAL REPRESENTATIVES: DEFENDANT P S Hastings QC and J E Robson Solicitors: McGirr James Hall & Associates

JUDGMENT: IN THE LAND AND Matter No: 50128 of 1997 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 16 March 1999

DIRECTOR-GENERAL OF THE DEPARTMENT OF LAND & WATER CONSERVATION Applicant

v

PYE Respondent

JUDGMENT

HIS HONOUR:

1. On 24 November 1998, in a reserved judgment, I found the defendant not guilty of two charges of clearing native vegetation without consent as required by State Environmental Planning Policy No 46 - Protection and Management of Native Vegetation , contrary to s 76(2) of the Environmental Planning & Assessment Act 1979 and constituting an offence under s 125 of that Act. I made a formal order that the summonses in both proceedings be dismissed. Although the judgment was delivered on 24 November 1998 the order was not entered and sealed until 26 November 1998.