Walker Corporation Pty Ltd v Director-General of the Department of Environment and Climate Change (No. 2) [2009] NSWLEC 177

Reported Decision : 174 LGERA 117

Land and Environment Court of New South Wales

CITATION : Walker Corporation Pty Ltd v Director-General of the Department of Environment and Climate Change (No. 2) [2009] NSWLEC 177 This decision has been amended. Please see the end of the judgment for a list of the amendments.

Walker Corporation Pty Ltd (ACN 95 001 176 263) (Applicant) Director-General of the Department of Environment and Climate Change (First Respondent) PARTIES : Ray Giddins (Second Respondent) David Noble (Third Respondent) Roberto Pupo (Fourth Respondent) Greg Stone (Fifth Respondent)

FILE NUMBER(S) : 40239 of 2009

CORAM: Lloyd J

KEY ISSUES: CONSTRUCTION AND INTERPRETATION :- statutory power of entry and inspection - section 35 of the Native Vegetation Act 2003 - purpose of power of entry or inspection - scope of power - entry with consent of landholder - whether alternative power to authorise further inspection - no determination as to whether a person is contravening or has contravened the Act - further inspection is necessary to investigate for the purposes of determining whether a person is contravening or has contravened the Act

Interpretation Act 1987 s 48 LEGISLATION CITED: Native Vegetation Act 2003 s 35, s 36, s 37 Land and Environment Court Rules 2007 r 4.3

City of South Perth v Churchill (1982) 56 LGRA 350 Coco v The Queen (1994) 179 CLR 427 Crowley v Murphy (1981) 52 FLR 123 Director-General, Department of Planning v Epacris Pty Ltd [2006] NSWLEC 306; (2006) 147 LGERA 372 CASES CITED: George v Rockett (1990) 170 CLR 104 Hardie Holdings Pty Ltd v Director-General, Department of Natural Resources [2007] NSWLEC 39; (2007) 151 LGERA 373 Harrison v Melham [2008] NSWCA 67; (2008) 72 NSWLR 380 New South Wales v Corbett [2007] HCA 32; (2007) 230 CLR 606 R & R Fazzolari Pty Ltd v Parramatta City Council [2009] HCA 12; (2009) 165 LGERA 68; (2009) 83 ALJR 557 Walker Corporation Pty Ltd v Director-General of the Department of Environment and Climate Change [2009] NSWLEC 138