DIRECTOR-GENERAL DEPARTMENT OF LAND AND WATER CONSERVATION v RONALD LEWIS GREENTREE [1998] NSWLEC 30 (4 March 1998) [1998] NSWLEC 69

Land and Environment Court of New South Wales

CITATION : DIRECTOR-GENERAL DEPARTMENT OF LAND AND WATER CONSERVATION v RONALD LEWIS GREENTREE [1998] NSWLEC 30 (4 March 1998) [1998] NSWLEC 69 PARTIES : DIRECTOR-GENERAL DEPARTMENT OF LAND AND WATER CONSERVATION v RONALD LEWIS GREENTREE FILE NUMBER(S) : 50035, 50036 & 50037 of 1997 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: SEPP 46 Environmental Planning and Assessment Act s 76(2) CASES CITED: DATES OF HEARING: 16, 27 February 1998 DATE OF JUDGMENT: 03/04/1998

Mr I Lloyd QC with Respondent Mr P Neil SC LEGAL REPRESENTATIVES: Mr M Baird (Barrister)

JUDGMENT: REASONS FOR JUDGMENT

On 16 February 1998, before the hearing commenced, the parties agreed on orders to be made by consent. Orders were made accordingly on that day. A copy of those orders is attached to this judgment and marked "A".

The company, Prime Grain Pty Ltd, was convicted of the offence particularised in summons No 50036 of 1997. The company, Limthono Pty Ltd, was convicted of the offence particularised in summons No 50037 of 1997.

Summons No 50035 of 1997 against Ronald Greentree was withdrawn.

The companies agreed to pay the prosecutor's costs in the sum of $52,000 within a period of twelve months.

The charge against each company is identical as follows:- (T)hat the defendant …. on or about 13 October to 30 October 1996 …. cleared native vegetation on land being part of Lot 19 in DP 39989, and part of Lot 2, DP 777082 Parish of Neargo, County of Benarda, in the State of New South Wales, on the property known as "Willalee", without the development consent of the Director-General of the Department of Land and Water Conservation as required by State Environmental Planning Policy No 46 - Protection and Management of Native Vegetation, contrary to section 76(2) of the Environmental Planning and Assessment Act 1979, constituting an offence under s.125(1) of the Environmental Planning and Assessment Act 1979.