Department of Environment and Climate Change v Olmwood Pty Limited [2010] NSWLEC 15

Land and Environment Court of New South Wales

CITATION : Department of Environment and Climate Change v Olmwood Pty Limited [2010] NSWLEC 15

PROSECUTOR PARTIES : Department of Environment and Climate Change DEFENDANT Olmwood Pty Limited

FILE NUMBER(S) : 50041 of 2008

CORAM: Pain J

PROSECUTION :- whether native vegetation cleared - whether vegetation regrowth within meaning of Native Vegetation Act 2003 - whether defendant has onus of proving on balance of probabilities that vegetation regrowth - impact of sandmining on vegetation on property - whether aerial photographs and SPOT5 image analysis proved continuity of vegetation cover

KEY ISSUES: DEVELOPMENT CONSENT :- whether development consent granted for clearing native vegetation - whether consent lapsed - whether survey work relied on for physical commencement in breach of condition of consent - whether development consent granted on land zoned for possible coastal acquisition land - absence of Minister's consent for clearing native vegetation

PROSECUTION :- whether defendant caused or permitted clearing to be carried out - whether defendant landholder discharged onus of proof it bears under s 44 of the Native Vegetation Act 2003

Clean Waters Act 1970 (repealed) Environmental Planning and Assessment Act 1979 s 76, 76A, 76B, 79C, 80, 80A, 95 Greater Taree Local Environmental Plan 1995 Interpretation Act 1987 s 6, 7, 21 National Parks and Wildlife Act 1974 s 98, Pt 8A, 159A Native Vegetation Act 2003 s 5, 6, 7, 9, 10, 12, 13, 18, 19, 36, 44 Native Vegetation Conservation Act 1997 s 12, 14, 21 (repealed) LEGISLATION CITED: Mining Act 1973 Rivers & Foreshores Improvement Act 1948 Pt 3A (repealed) State Environmental Planning Policy No. 26 – Littoral Rainforest State Environmental Planning Policy No 46 - Protection and Management of Native Vegetation Sch 3 (repealed) Occupational Health and Safety Act 1985 (Vic) Protection of the Environment Operations Act 1997 s 144 Threatened Species Act 1997 Sch 1 Water Management Act 2000