Forgall Pty Ltd v Chief Executive of the Office of Environment and Heritage [2012] NSWLEC 1219

Land and Environment Court New South Wales

Medium Neutral Citation: Forgall Pty Ltd v Chief Executive of the Office of Environment and Heritage [2012] NSWLEC 1219 Hearing dates: 11,12 April, 21, 22 May, 7 June 2012, 13 July 2012 Decision date: 10 August 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal against a direction for remedial work made pursuant to s 38(1) of the Native Vegetation Act 2003 for part of the property at Lot 2 DP 1148343, 474 Saltwater Road, Wallabi Point is allowed. 2. The direction for remedial work made by the Respondent on 20 of November 2010 is revoked and in lieu, the Court makes a direction under s39 of the Native Vegetation Act 2003 and s39 of the Land and Environment Court Act 1979 in the form attached and marked "A". 3. The exhibits are returned. Catchwords: APPEAL: Direction for Remedial Work - concession that clearing of native vegetation occurred on part of site (Areas A to F) - whether direction for remedial work should be given for clearing of native vegetation on another part of site (Area G) - terms of direction for remedial work Legislation Cited: Native Vegetation Act 2003 Native Vegetation Conservation Act 1997 Native Vegetation Conservation (Savings and Transitional) Amendment Regulation 2004 Rivers and Foreshores Improvement Act 1948 State Environmental Planning Policy No. 46 Cases Cited: Corporation Pty Ltd (No2) [2011] NSWLEC 229 Director-General of the Department of Environment, Climate Change and Water v Walker Category: Principal judgment Parties: Forgall Pty Ltd (Applicant) Chief Executive of the Office of Environment and Heritage (Respondent) Representation: Counsel Mr P Larkin SC and Ms L Byrne, barrister (Applicant) Ms G Preston, barrister (Respondent) Solicitors Adamson Legal and Conveyancing (Applicant) Office of Environment and Heritage (Respondent) File Number(s): 10004 of 2011