DIRECTOR-GENERAL OF THE DEPARTMENT OF LAND AND WATER CONSERVATION v. M.W. ROBSON [1998] NSWLEC 174 (6 August 1998) [1998] NSWLEC 72

Land and Environment Court of New South Wales

CITATION : DIRECTOR-GENERAL OF THE DEPARTMENT OF LAND AND WATER CONSERVATION v. M.W. ROBSON [1998] NSWLEC 174 (6 August 1998) [1998] NSWLEC 72 PARTIES : DIRECTOR-GENERAL OF THE DEPARTMENT OF LAND AND WATER CONSERVATION v. M.W. ROBSON FILE NUMBER(S) : 50043 - 50045 of 1997 CORAM: Bignold J KEY ISSUES: :- Offence of clearing native vegetation without consent - Mitigating factors - Offence committed in ignorance of law - Appropriate penalty. Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 46 Crimes Act 1900, s556A CASES CITED: Sutherland Council v Holt DATES OF HEARING: 6 August 1998 EX TEMPORE JUDGMENT DATE : 08/06/1998

Mr B Preston, Barrister LEGAL REPRESENTATIVES: Mr P Larkin, Barrister

JUDGMENT:

The Court has before it three charges of an offence against the Environmental Planning and Assessment Act 1979 (the EP&A Act ) charged against three separate Defendants in respect of the activity of clearing native vegetation on lot 142 deposited plan 755624 being land in a rural environment situate at Evans Head with a frontage to the Woodburn to Evans Head Road, and the Evans River which clearing activity was carried out in the period on or about 27 September to 3 October 1997.

2. The Defendant Robson is the owner of the said land, the Defendant Newman is the director and manager of the company Newman Quarrying Pty Limited which is the third Defendant and the Second and Third Defendants being the persons who carried out the land clearing as contractors of the First Defendant Robson. Each Defendant has entered a plea of guilty to the charge which involves a failure to obtain the requisite development consent of the Director General of the Department of Land and Water Conservation to clearing of native vegetation as required by clause 6 of State Environmental Planning No. 46 - Protection and Management of Native Vegetation. Although that Policy was repealed at the commencement of this year upon the commencement on 1 January 1988 of the Native Vegetation Conservation Act 1997 the repeal of the State Policy does not affect the liability created by the EP&A Act and the State Policy operating together, that was incurred, as was the liability in the present cases, prior to that repeal.