NSW Caselaw
Land and Environment Court of New South Wales
CITATION : John Raymond Burrell v. Nick Jacenko [1998] NSWLEC 131 PROSECUTOR John Raymond Burrell PARTIES : DEFENDENT Nick Jacenko FILE NUMBER(S) : 50130 of 1997 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: Heritage Act s 57(g) The Queen v Chin (1984-1985) 157 CLR 671 at 691; Doney v The Queen (1990) 171 CLR 207 at 214-5:-; CASES CITED: Giorgianni v The Queen (1985) 156 CLR 473).; Johnson v Youden [1950] 1 KB 544 at 546 ; Cooper v Coffs Harbour C.C. (1997) 97 LGERA 125 at 134).; Tiger Nominees Pty Ltd v SPCC (1992) 25 NSWLR 715). DATES OF HEARING: 30/11/98, 01/12/98 DATE OF JUDGMENT: 12/04/1998
PROSECUTOR Mr I S Lloyd QC Kearns & Garside Solicitors LEGAL REPRESENTATIVES: DEFENDANT Mr T F Robertson (Barrister) Ms F T D De L Davis (Barrister) Woolf & Associates Solicitors
JUDGMENT: 1. The defendant is charged in accordance with a summons amended pursuant to leave granted by Lloyd J on 23 July 1998 that he did remove trees and other vegetation from premises known as Rosemont at 14 Rosemont Avenue, Woollahra in contravention of s 57 and s 156 of the Heritage Act 1977.
2. The relevant provisions of s 57 are:-
(1) A person shall not, in respect of a building, work, relic or place to which an interim conservation order or a permanent conservation order applies or any land (other than such a place) which is subject to an interim conservation order or a permanent conservation order:
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