NSW Caselaw
> Land and Environment Court of New South Wales
CITATION : Director-General of the Department of Land and Water Conservation v Bailey [2003] NSWLEC 160 PROSECUTOR Director-General of the Department of Land and Water Conservation PARTIES : DEFENDANT Bruce Clyde Bailey FILE NUMBER(S) : 50073; 50074 of 2002 CORAM: Talbot J KEY ISSUES: Prosecution :- clearing of native vegetation - whether designated development without development consent is exempt - meaning of "rural structures" within SEPP 46 exemption Environmental Planning and Assessment Act 1979 s 4, s 76B, s 77A, s 110(1)(g), s 111 Environmental Planning and Assessment Regulation 1994 Sch 3 Interpretation Act 1987 s 33 LEGISLATION CITED: Native Vegetation Conservation Act 1997 s 12, s 12(f), s 13, 21(2), s 21(2)(a), s 68 Rivers and Foreshores Improvement Act 1948 Pt 3A Water Act 1912 Pt 8 State Environmental Planning Policy No. 46 - Protection and Management of Native Vegetation Sch 3, cl (e) CASES CITED: DATES OF HEARING: 16/06/2003, 17/06/2003, 18/06/2003 DATE OF JUDGMENT: 07/01/2003
PROSECUTOR Mrs J C Kelly (Barrister) SOLICITORS Crown Solicitor LEGAL REPRESENTATIVES: DEFENDANT Mr B J Preston SC with Mr D T Miller (Barrister) SOLICITORS PriceWaterhouseCoopers Legal
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