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 IN THE COURT OF CRIMINAL APPEAL 60275/98; 60276/98; 60277/98; 60278/98 SHELLER JA DOWD J JAMES J Tuesday, 9 March 2000 WINDOURAN PASTORAL COMPANY PTY LTD, CRAWFORD, RIAL & HARRIS v DIRECTOR GENERAL OF THE DEPARTMENT OF LAND & WATER CONSERVATION JUDGMENT 1 SHELLER JA: When these appeals were called on for hearing today, it was announced by Mr Lloyd QC, who appeared for the prosecution and respondent in each appeal, that the Prosecutor conceded that the appeals should succeed. The parties then proposed a form of orders which should be made: 1. Appeals allowed; 2. The convictions of 29 April 1998 be quashed; 3. Direct that on each of the charges there be a judgment and verdict of acquittal entered; 4. By the 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. 2 DOWD J: Should we also set aside the orders of 28 April at page 1052? RARES: Yes. 3 SHELLER JA: I will add to the direction, which I think was order 3, that the orders of the Land and Environment Court of 29 April 1998 be set aside. ***** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.