NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pittwater Council v A1 Professional Tree Recycling Pty Ltd (No 2) [2008] NSWLEC 326
PROSECUTOR: Pittwater Council PARTIES : DEFENDANT: A1 Professional Tree Recycling Pty Ltd
FILE NUMBER(S) : 50051 of 2008
CORAM: Biscoe J
KEY ISSUES: Environmental Offences :- whether no case to answer - alleged unlawful clearing of bushland contrary to Pittwater Tree Preservation and Management Order 1996 - construction of the definition of "bushland" in the Order.
Environmental Planning and Assessment Act 1979, s 125(1) LEGISLATION CITED: Environmental Planning and Assessment Model Provisions 1980, cl 8 Pittwater Local Environment Plan 1993, cl 6(1)
Beckwith v The Queen [1976] HCA 55, (1976) 135 CLR 569 CASES CITED: Director General, Department of Land and Water Conservation v Bailey [2003] NSWCCA 361, (2003) 136 LGERA 242 May v O'Sullivan [1955] HCA 38, (1955) 92 CLR 654
DATES OF HEARING: 15 - 16 December 2008
EX TEMPORE JUDGMENT DATE : 16 December 2008
PROSECUTOR: Mr J Johnson SOLICITORS Grahame Jackson & Associates LEGAL REPRESENTATIVES: DEFENDANT: Mr T G Howard SOLICITORS Lawhouse Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate