NSW Caselaw
Reported Decision : 151 LGERA 15
Land and Environment Court of New South Wales
CITATION : Vitality Care Pty Ltd v Director-General, Department of Natural Resources [2006] NSWLEC 506
APPLICANT: Vitality Care Pty Ltd PARTIES : RESPONDENT: Director General Department of Natural Resources
FILE NUMBER(S) : 40518 of 2006
CORAM: Biscoe J
KEY ISSUES: Construction and Interpretation :- development consent issued under Environmental Planning and Assessment Act 1979 permitted clearing of native vegetation - Native Vegetation Act 2003 subsequently came into force which prohibited clearing of native vegetation except in accordance with a development consent granted under that Act or a property vegetation plan - whether applicant could lawfully clear the land without a development consent or property vegetation plan under the latter Act - whether there was an accrued or acquired right which was not affected by the repeal by the latter Act of the Native Vegetation Conservation Act 1997.
Environmental Planning and Assessment Act 1979 Pt 4 LEGISLATION CITED: Interpretation Act 1987 ss 5, 30(1)(c) Native Vegetation Act 2003 ss 5-7, 9, 10, 12-24, 52, 54, Sch 1 Pt 2 cl 14, Sch 3 Pt 2 cl 3 Native Vegetation Conservation Act 1997 ss 3, 5, 6, 9, 17, 21, 23, Sch 1
Attorney-General for the State of Queensland v Australian Industrial Relations Commission (2002) 213 CLR 485; Attorney-General of New South Wales v World Best Holdings Ltd (2005) 63 NSWLR 557; Carr v Finance Corporation of Australia Limited [No 2] (1982) 150 CLR 139; Coleman v Shell Co of Australia Ltd (1943) 45 SR (NSW) 27; Dubler Group Pty Ltd v Minister for Infrastructure, Planning and Natural Resources (2004) 137 LGERA 178; CASES CITED: Eaton & Sons Pty Limited v Warringah Shire Council (1972) 129 CLR 270· Esber v The Commonwealth (1991) 174 CLR 430; Hanwood Pastoral Co Pty Ltd v Director-General, Department of Natural Resources (2005) 144 LGERA 139; Ku-ring-gai Municipal Council v Attorney-General for the State of NSW (1957) 99 CLR 251; Mathieson v Burton (1971) 124 CLR 1; Maxwell v Murphy (1957) 96 CLR 261; West v Gwynne [1911] 2 Ch 1; Wilson v First County Trust Ltd (No 2) [2004] 1 AC 816
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