Dalimen P/L v Director General Department of Infrastructure Planning and Natural Resources [2005] NSWLEC 204

Land and Environment Court of New South Wales

CITATION : Dalimen P/L v Director General Department of Infrastructure Planning and Natural Resources [2005] NSWLEC 204

APPLICANT Dalimen Pty Limited

PARTIES : RESPONDENT Director General Department of Intrastructure Planning and Natural Resources

FILE NUMBER(S) : 11375 of 2003

CORAM: Hussey C

Appeal :- Remediation Direction - clearing of native vegetation.

KEY ISSUES:

LEGISLATION CITED: Native Vegetation Conservation Act, 1979

Slack-Smith & Anor v DG of Department of Land and Water Conservation [2003] NSWLEC 189; CASES CITED: Buttsworth & Ors v DG of Department of Land and Water Conservation [2003] NSWLEC 169; Archibald v Byron Shire Council [2003] NSWCA 292

DATES OF HEARING: 29-30/9/2004, 1/10/04, 14-15/03/05

DATE OF JUDGMENT: 04/29/2005

APPLICANT Mr D. Galpin, barrister SOLICITORS Legal Services Branch, DIPNR

LEGAL REPRESENTATIVES:

RESPONDENT Mr t. Howard, barrister SOLICITORS Stone & Partners

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

29 April 2005

11375 of 2003 Dalimen Pty Limited v Director General Department of Infrastructure Planning and Natural Resources

JUDGMENT Background. 1 This appeal arises from the issue of a remediation direction (Direction), by the Director-General of DIPNR, requiring the applicant to carry out specified remedial work pursuant to s47(1)(a) of the Native Vegetation Conservation Act 1997 (NVCA), on a rural property at Casino.