Bailey v The Forestry Commission of New South Wales [1989] NSWLEC 174

Land and Environment Court of New South Wales

CITATION : Bailey v The Forestry Commission of New South Wales [1989] NSWLEC 174 APPLICANT T.R.Bailey PARTIES : RESPONDENT The Forestry Commission Of New South Wales FILE NUMBER(S) : 40212 of 1987 CORAM: Hemmings J KEY ISSUES: :- Environmental Planning and Assessment Act, 1979 LEGISLATION CITED: Forestry Act 1916 Forestry Regulation 1983 Guthega Development Pty Limited v. The Minister, 1987 NSWLR 353, at 367; CASES CITED: Parramatta City Council v. Hale, 1982 47 LGRA 319; Warringah Shire Council v. Sedevcic (1987) 10 NSWLR 335, at 339-341; ACR Trading Pty Ltd and Anor v. Fat-Sel Pty Ltd and Anor 1987 11 NSWLR 67, at 82. DATES OF HEARING: DATE OF JUDGMENT: 03/31/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The respondent, The Forestry Commission of New South Wales ("the Forestry Commission") is responsible for the administration of the Forestry Act 1916 and has the care and control of all State Forests and other Crown timber lands in N.S.W. It provides planning and research, supervision, fire control and road construction therein and logging operations are authorised by the grant of licences, harvesting plans and other approvals.

The applicant is part owner and the occupier of land adjacent to the Mistake State Forest in an area near the head of South Arm Creek near Bowraville. Mistake State Forest is a hardwood forest having an area of some 8,616ha, and is inland and to the west of Macksville on the north coast of N.S.W. some 500km north of Sydney. The applicant is a member of an unincorporated body known as the "South Arm Catchment Protection Group", which has been active in opposition to logging activities in the said forest.