BURWOOD COUNCIL v. ANTHONY ROBERT ANDREW & CYNTHIA MARY ANDREW [1998] NSWLEC 7 (10 February 1998) [1998] NSWLEC 39

Land and Environment Court of New South Wales

CITATION : BURWOOD COUNCIL v. ANTHONY ROBERT ANDREW & CYNTHIA MARY ANDREW [1998] NSWLEC 7 (10 February 1998) [1998] NSWLEC 39 PARTIES : BURWOOD COUNCIL v. ANTHONY ROBERT ANDREW & CYNTHIA MARY ANDREW [1998] NSWLEC 7 (10 February 1998) FILE NUMBER(S) : 50095 of 1996 CORAM: Bignold J KEY ISSUES: :- Environmental Planning and Assessment Act 1979, s76(2) LEGISLATION CITED: State Environmental Planning Policy No.46 Native Vegetation Conservation Act 1997 Crimes Act 1900 CASES CITED: DATES OF HEARING: 6 February 1998 DATE OF JUDGMENT: 02/06/1998

Mr M Baird, Barrister instr. by Mr M Radcliffe, solicitor

LEGAL REPRESENTATIVES: Mr J Robson, Barrister Instr. by Mr M Hallet, solicitor

JUDGMENT:

The Defendant has pleaded guilty to a charge of an offence against the Environmental Planning and Assessment Act 1979 in that on or about 11 to 21 June 1996 it cleared native vegetation on part of a rural property situate in Walgett Shire known as "Karuka" without obtaining development consent of the Director General of the Department of Land and Water Conservation as required by State Environmental Planning Policy No. 46 - Protection and Management of Native Vegetation (the State Policy).

Although the Defendant which is a family company had earlier indicated its intention to defend the charge in common with the two principals of the company, Mr and Mrs Lyons (who also were charged) in September of last year the Court was informed that the Defendant now wished to enter a plea of guilty. On that occasion it was indicated that the charges against the principals of the company, Mr and Mrs Lyons, in respect of the same offence would be withdrawn.