Director-General, Department of Environment and Climate Change v Walker Corporation Pty Limited (No 2) [2010] NSWLEC 73

Land and Environment Court of New South Wales

CITATION : Director-General, Department of Environment and Climate Change v Walker Corporation Pty Limited (No 2) [2010] NSWLEC 73

PROSECUTOR Director-General, Department of Environment and Climate Change PARTIES : DEFENDANT Walker Corporation Pty Limited

FILE NUMBER(S) : 50040 of 2008

CORAM: Pepper J

KEY ISSUES: PROSECUTION :- whether native vegetation cleared - whether vegetation native - whether vegetation "regrowth" - meaning of "regrowth" - whether the clearing permitted as "routine agricultural management activities" - whether the clearing a "continuation of existing farming activities" or "sustainable grazing" - whether "native vegetation" includes dead vegetation - whether defendant liable for clearing carried out by independent contractor - whether defendant caused or permitted the clearing by the independent contractor pursuant to s 44 of the Act - whether the defendant vicariously liable for the acts of the independent contractor - defendant guilty

Interpretation Act 1987 s 33 Native Vegetation Act 2003 ss 4, 6, 7, 9, 11, 12, 19, 20, 22, 23, 24, 44 and 46 LEGISLATION CITED: Noxious Weeds Act 1993 Native Vegetation Regulation 2005 Second Reading Speech to the Native Vegetation Bill (Hansard, 12 November 2003, p 92)

CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 Coffs Harbour City Council v Hickey [2004] NSWLEC 531 Colonial Mutual Life Assurance Society Limited v Producers and Citizens Co-operative Assurance Co of Australia Limited (1931) 46 CLR 41 Department of Environment and Climate Change v Olmwood Pty Limited [2010] NSWLEC 15 CASES CITED: Director-General of the Department of Environment and Climate Change v Hudson (2009) 165 LGERA 256 Director-General, Department of Environment and Climate Change v Jack & Bill Issa Pty Ltd (No 5) [2009] NSWLEC 232 Environment Protection Authority v McConnell Dowell Constructors (Aust) Pty Ltd (2003) 128 LGERA 240 Environment Protection Authority v Multiplex Constructions Pty Ltd (2000) 112 LGERA 1 Harrison v Melhem (2008) 72 NSWLR 380 North Sydney Council v Moline; North Sydney Council v Tomkinson (No 2) [2008] NSWLEC 169