Joly Pty Ltd v Director-General of the Department of Environment, Climate Change and Water [2009] NSWLEC 217

Land and Environment Court of New South Wales

CITATION : Joly Pty Ltd v Director-General of the Department of Environment, Climate Change and Water [2009] NSWLEC 217

APPELLANT Joly Pty Ltd PARTIES : FIRST RESPONDENT Director-General of the Department of Environment, Climate Change and Water SECOND RESPONDENT Gregory William Roberts

FILE NUMBER(S) : 10521 of 2009

CORAM: Pain J

KEY ISSUES: APPEAL :- appeal against remediation direction made under Native Vegetation Act 2003 - whether remediation direction acquisition of land and therefore invalid under State and Commonwealth constitutions - whether illegal clearing occurred on property as basis for remediation direction - whether undertaking by applicant to court to remediate appropriate resolution of appeal - whether remediation direction appropriate given need for noxious weed management - whether remediation direction can require repair of any damage - whether remediation of lost bird habitat relevant- whether terms of remediation direction a prohibition - remediation direction made

Commonwealth of Australia Constitution Act 1900 (Cth) s 51(xxxi), 106, 109 Constitution Act 1902 s 5 Environmental Planning and Assessment Act 1979 Environment Protection and Biodiversity Conservation Act 1999 (Cth) Interpretation Act s 33 Land and Environment Court Act 1979 s 17 LEGISLATION CITED: Moree Plains Local Environmental Plan 1995 Native Vegetation Act 2003 s 38, 39 Native Vegetation Conservation Act 1997 s 47 (repealed) Natural Heritage Trust of Australia 1997 (Cth) Noxious Weeds Act 1993 s 7, 12 Soil Conservation Act 1938 s 15A Threatened Species Act 1997