WINDOURAN PASTORAL COMPANY PTY LTD, CRAWFORD, RIAL & HARRIS v DIRECTOR GENERAL OF THE DEPARTMENT OF LAND & WATER CONSERVATION [2000] NSWCCA 65

New South Wales Court of Criminal Appeal

CITATION : WINDOURAN PASTORAL COMPANY PTY LTD, CRAWFORD, RIAL & HARRIS v DIRECTOR GENERAL OF THE DEPARTMENT OF LAND & WATER CONSERVATION [2000] NSWCCA 65 FILE NUMBER(S) : CCA 60275/98; 60276/98; 60277/98; 60278/98 HEARING DATE(S) : 9 March 2000 JUDGMENT DATE : 9 March 2000

PARTIES : Windouran Pastoral Co Pty Ltd, Robert Bryce Crawford, Drew Harris, Anthony Burnett Rial - Appellants Director General of the Department of Land & Water Conservation - Respondent JUDGMENT OF : Sheller JA at 1; Dowd J at 2; James J

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT FILE NUMBER(S) : 50043/96 LOWER COURT JUDICIAL Talbot J OFFICER :

COUNSEL : S D Rares SC/D Wilson - Appellants I S Lloyd QC/M Baird - Respondent SOLICITORS : Garland Hawthorn Brahe - Appellants Crown Solicitor's Office - Respondent

DECISION : 1. Appeals allowed; 2. The convictions of 29 April 1998 be quashed; 3. The orders of the Land and Environment Court of 29 April 1998 be set aside and direct that on each of the charges there be a judgment and verdict of acquittal entered; 4. By consent of the parties, the orders made in the Land and Environment Court on 16 April 1998, between the Director General of the Department of Land and Water Conservation and the appellants set out on page 1047 of the appeal books filed in these appeals be set aside; 5. Each party to these appeals is to pay its own costs of these appeals and the proceedings in the Land and Environment Court; 6. Without admission of liability of any of the offences charged, the Court notes that the parties agree that the document entitled "Consent Orders" dated 16 April 1998 and referred to above constitutes a legally enforceable agreement between the appellant, Windouran Pastoral Company Pty Ltd, and the Prosecutor operating from today's date