Director-General Department of Land and Water Conservation v Greentree and Anor. [2004] NSWLEC 584

Land and Environment Court of New South Wales

CITATION : Director-General Department of Land and Water Conservation v Greentree and Anor. [2004] NSWLEC 584 PROSECUTOR: Director-General Department of Land and Water Conservation PARTIES : DEFENDANTS: Greentree and Anor. FILE NUMBER(S) : 50039-40; 50041-42; 50053-54 of 2001 CORAM: Bignold J KEY ISSUES: Environmental Offences :- unlawful clearing of native vegetation-no case to answer submission upheld-costs. LEGISLATION CITED: Native Vegetation Conservation Act 1997, s 21 Criminal Procedure Act 1986, s 253 CASES CITED: DATES OF HEARING: 13/09-12/10/2004 EX TEMPORE 10/12/2004 JUDGMENT DATE :

PROSECUTOR: Mr B Preston SC with Ms J Jagot, Barrister SOLICITORS The NSW Crown Solicitor

LEGAL REPRESENTATIVES: DEFENDANTS: Mr S Littlemore QC with Ms P Lane, Barrister SOLICITORS PriceWaterhouseCoopers Legal

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

12 October 2004

50039-40 of 2001 DIRECTOR GENERAL DEPARTMENT OF LAND AND WATER CONSERVATION -v- RONALD LEWIS GREENTREE

50041-42 of 2001 DIRECTOR GENERAL DEPARTMENT OF LAND AND WATER CONSERVATION –v- PRIME GRAIN PTY LIMITED

50053-54 of 2001 DIRECTOR GENERAL DEPARTMENT OF LAND AND WATER CNSERVATION –v- RONALD LEWIS GREENTREE

JUDGMENT

HIS HONOUR: 1 Following the announcement at the end of the Prosecution evidence of the Prosecutor's considered position in these prosecutions (which was to the effect that there was no, or no sufficient, evidence to support the charges of the several offences as particularised, as a result of the Prosecutor's decision not to seek to tender the prosecution evidence that had been received on the voire dire), Senior Counsel for each Defendant has applied for a no case to answer ruling with a direction for the entry of a verdict of an acquittal of each defendant of each of the charges of an offence against the Native Vegetation Conservation Act 1997. Senior Counsel for the Prosecution makes no additional submission in relation to the defence submissions. 2 In the circumstances, I am satisfied that the no case submission should be upheld and that there be entered a verdict of an acquittal of each of the Defendants of each of the charges laid against each of them. I so rule and so order.