Moulds v Wollongong City Council [2007] NSWLEC 178

Land and Environment Court of New South Wales

CITATION : Moulds v Wollongong City Council [2007] NSWLEC 178

APPLICANT Albert David Moulds PARTIES : RESPONDENT Wollongong City Council

FILE NUMBER(S) : 10563 of 2006

CORAM: Bly C

KEY ISSUES: Section 121B Order :- clearing of site and vegetation restoration

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Threatened Species Conservation Act 1995 Wollongong Local Environmental Plan 1990

DATES OF HEARING: 21/03/2007

EX TEMPORE JUDGMENT DATE : 21 March 2007

APPLICANT Mr M. J. Stevens, barrister instructed by: W. Lawson, solicitor of William Lawson Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr A. M. Pickles, barrister instructed by: M. Cotham, solicitor of Kells The Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

21 March 2007

10563 of 2006 Albert David Moulds v Wollongong City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This is an appeal against an order dated 6 June 2006 issued by the respondent council to the applicant under s 121B of the Environmental Planning & Assessment Act 1979. The order was issued following the necessary notice of intention and relates to certain work carried out on the applicant's land in April 2005 and required inter alia bush regeneration works including weeding, planting and maintenance.