Jarasius v Forestry Commission of New South Wales & Ors [1988] NSWLEC 161

Land and Environment Court of New South Wales

CITATION : Jarasius v Forestry Commission of New South Wales & Ors [1988] NSWLEC 161 APPLICANT Wendy Maria Jarasius

FIRST RESPONDENT Forestry Commission of New South Wales

SECOND RESPONDENT Harris-Daishowa (Australia) Pty Limited

THIRD RESPONDENT Duncan's Holdings Limited PARTIES : FOURTH RESPONDENT J. & J. Whitehead

FIFTH RESPONDENT Tablelands Sawmills Pty Limited

SIXTH RESPONDENT Barry Damien Collins and James Andrew Whitehead

FILE NUMBER(S) : 40173 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Forestry Act 1916 Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 03/04/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The applicant is a resident of Wyndham, New South Wales, and a member of an unincorporated association known as the Towamba Valley Catchment Protection Association. Declarations and other orders are sought concerning the lawfulness of licences and approvals granted by the first respondent and related works carried out by it which enable the logging or harvesting of timber in an area near Eden on the lower south coast of New South Wales.

The first respondent administers the Forestry Act 1916 and is responsible for all aspects of the management of State Forests and other Crown timber lands in New South Wales. It provides planning, research, supervision, fire control and road construction therein. Harvesting operations are authorised by the issue of various licences and approvals under the said Act by the first respondent. The approvals and works relevant to this application purport to be in accordance with prescriptions in a Management Plan adopted in 1982 for a large area described as the Eden Native Forest Management Area.