BURRELL v. JACENKO [1998] NSWLEC 38

Land and Environment Court of New South Wales

CITATION : BURRELL v. JACENKO [1998] NSWLEC 38 PARTIES : BURRELL v. JACENKO FILE NUMBER(S) : 50130 of 1997 CORAM: Lloyd J KEY ISSUES: :- Heritage Act 1977, s 158 LEGISLATION CITED: Land and Environment Court Act 1979, ss 55, 68 Land and Environment Court Rules, Pt 6 r 2, Pt 10 r 1 Supreme Court Rules, Pt 20 r 1, Pt 75 Div 2 Brownlie v State Pollution Control Commission (1992) 27 NSWLR 78; Giorgianni v The Queen (1985) 156 CLR 473, at 501; Du Cros v Lambourne [1907] 1 KB 40; Gould & Co v Houghton [1921] 1 KB 509; CASES CITED: Ex parte Coorey (1944) 45 SR (NSW) 287, at 295; Reg. v Glennan (1970) 91 WN (NSW) 609 at 612-613; Lenzi v Miller [1965] SASR 1 at 10; Dare v Pulham (1982) 148 CLR 658; Environment Protection Authority v Van Hessen Australia Pty Limited, Pearlman J, 27 June 1997, unreported DATES OF HEARING: 13 July 1998 DATE OF JUDGMENT: 07/23/1998

I S Lloyd QC LEGAL REPRESENTATIVES: T F Robertson & F T D DeL Davis

JUDGMENT: The defendant is charged with the following offence: That he did remove trees and other vegetation from the premises known as Rosemont at 14 Rosemont Avenue, Woollahra upon which there existed a Permanent Conservation Order under the Heritage Act 1977 in contravention of s 57 and s 156 of the said Act.

The particulars of the offence described in the summons are as follows: A(i) Between 16th June and 27th June 1997 the Defendant entered upon the premises known as Rosemont.