Director-General, Department of Environment, Climate Change and Water v Venn (No 3) [2012] NSWLEC 31

Land and Environment Court New South Wales

Medium Neutral Citation: Director-General, Department of Environment, Climate Change and Water v Venn (No 3) [2012] NSWLEC 31 Hearing dates: 13 and 14 February 2012 Decision date: 14 February 2012 Jurisdiction: Class 4 Before: Preston CJ Decision: Orders as set out at [29] Catchwords: CIVIL ENFORCEMENT - remedies for breach of statute - parties' single expert recommended measures to remedy environmental harm - whether orders should be made implementing recommendations - whether orders should identify person responsible to carry out restoration work - parties' single expert identified as person responsible to cause restoration measures to be performed - applicant sought for Court to order measures in variance with those recommended by parties' single expert - adoption of recommendations of parties' single expert in Court orders - protocol for disposal of asbestos waste if discovered - costs - applicant sought its costs to be paid - applicant unsuccessful in obtaining variances to parties' single expert's recommendations - order for respondent to pay applicant's costs not fair and reasonable - parties to pay own costs of proceedings Legislation Cited: National Parks and Wildlife Act 1974 Cases Cited: Director General, Department of Environment, Climate Change and Water v Venn [2011] NSWLEC 118 Director General of the Department of Environment, Climate Change and Water v Venn (No 2) [2011] NSWLEC 232 Category: Consequential orders Parties: Director-General, Department of Environment, Climate Change and Water (Applicant) Mr Anthony De Lisle Venn (Respondent) Representation: Mr A Hill, Solicitor (Applicant) Ms C Kardell, Solicitor (Respondent) NSW Office of Environment & Heritage (Applicant) Ms C Kardell, sole practitioner (Respondent) File Number(s): 40826 of 2010