DIRECTOR GENERAL DEPARTMENT OF LAND AND WATER CONSERVATION v. GEOFFREY ERIC LOCKE & ROD HARRISON [1998] NSWLEC 147 (26 May 1998) [1998] NSWLEC 65

Land and Environment Court of New South Wales

CITATION : DIRECTOR GENERAL DEPARTMENT OF LAND AND WATER CONSERVATION v. GEOFFREY ERIC LOCKE & ROD HARRISON [1998] NSWLEC 147 (26 May 1998) [1998] NSWLEC 65 PARTIES : DIRECTOR GENERAL DEPARTMENT OF LAND AND WATER CONSERVATION v. GEOFFREY ERIC LOCKE & ROD HARRISON FILE NUMBER(S) : 50095 of 1997 CORAM: Talbot J KEY ISSUES: :- Penalty - mitigation - no conviction Environmental Planning and Assessment Act s 76(2) LEGISLATION CITED: State Environmental Planning Policy 46 Crimes Act 1990 s 556A CASES CITED: DATES OF HEARING: 26 May 1998 EX TEMPORE JUDGMENT DATE : 05/26/1998

Mr I Lloyd QC With Mr M Baird (Barrister) LEGAL REPRESENTATIVES: Mr T Alexis (Barrister)

JUDGMENT: REASONS FOR JUDGMENT

HIS HONOUR: The defendant, Geoffrey Eric Locke is charged with an offence that he cleared native vegetation on part of portions 4 and 13 and part of Lot 2 DP 320587 in the Parish of Bunarba, Shire of Moree Plains on the property known as Edenvale between the 1 April and 18 April 1997 without development consent of the prosecutor as required by State Environmental Planning Policy No. 46 contrary to s 76(2) of the Environmental Planning and Assessment Act. He has entered a plea of guilty.

The Court has the benefit of evidence from investigating officers who, following the receipt of information, inspected the property and interviewed the defendant and the contractor who carried out the work, together with evidence from several experts who, between them, have been able to provide the Court with a detailed picture of the circumstances under which the clearing took place and the nature of the vegetation involved.