DIRECTOR-GENERAL OF THE DEPARTMENT OF LAND & WATER CONSERVATION v. PYE [1998] NSWLEC 292 (24 November 1998) [1998] NSWLEC 71

Land and Environment Court of New South Wales

CITATION : DIRECTOR-GENERAL OF THE DEPARTMENT OF LAND & WATER CONSERVATION v. PYE [1998] NSWLEC 292 (24 November 1998) [1998] NSWLEC 71 PARTIES : DIRECTOR-GENERAL OF THE DEPARTMENT OF LAND & WATER CONSERVATION v. PYE FILE NUMBER(S) : 50128-9 of 1997 CORAM: Lloyd J KEY ISSUES: :- Environmental protection - removal of native vegetation without consent - exemption of clearing regrowth under 10 years old on land previously cleared for the purpose of cultivation and pastures - onus of proof establishing exemptions - finding of not guilty. LEGISLATION CITED: Environmental Planning & Assessment Act, s 76(2); State Environmental Planning Policy No 46 - Protection and Management of Native Vegetation, cl 5, Sch 3 CASES CITED: DATES OF HEARING: 19, 20, 21, 22 October 1998 DATE OF JUDGMENT: 11/24/1998

M J Joseph SC with M H Baird LEGAL REPRESENTATIVES: P S Hastings QC with J E Robson

JUDGMENT:

2 HIS HONOUR: 1. There are two proceedings before the Court. Both are summonses issued by the Director-General of the Department of Land and Water Conservation (the prosecutor) that allege the clearing of native vegetation without consent by Mr C A Pye (the defendant ). The prosecutor alleges that the defendant between 16 June 1997 and 25 July 1997 (inclusive) cleared native vegetation on land being part of Lot 5 in DP 752646, Parish of Bimber, County of Finch in the local government area of Walgett, on the property known as Gingie (the subject property ) without the development consent of the Prosecutor as required by State Environmental Planning Policy No 46-Protection and Management of Native Vegetation (SEPP 46 ), contrary to s 76(2) of the Environmental Planning and Assessment Act 1979, constituting an offence under s 125(1) of that Act. The prosecutor seeks that the defendant be dealt with according to law for the commission of the above offences, and that the defendant pay the prosecutors costs.