Turnbull v Director-General, Office of Environment and Heritage [2014] NSWLEC 84

Land and Environment Court New South Wales

Medium Neutral Citation: Turnbull v Director-General, Office of Environment and Heritage [2014] NSWLEC 84 Hearing dates: 10-12 June 2014 Decision date: 25 June 2014 Jurisdiction: Class 1 Before: Preston CJ Decision: (1) Adjourn the hearing of the appeals to 9.30am on 11 July 2014. (2) Direct the parties to file agreed remedial work directions, including attached maps and forms, or failing agreement, to file their competing versions of the remedial work directions, by 9 July 2014. Catchwords: APPEAL - clearing of native vegetation - directions for remedial work - power to direct remedial work on land other than land cleared - cleared land subject to three years of ploughing, herbicide application and cropping - successful remediation of cleared land uncertain and unlikely - remediation of offset areas likely to provide measurable conservation gain for native vegetation communities affected by clearing - location, nature and extent of offset areas - specifications for remedial work Legislation Cited: Native Vegetation Act 2003 ss 12, 38, 39, Div 4 Pt 3 Cases Cited: Commercial & Industrial Property Pty Ltd v Holroyd City Council [2013] NSWLEC 1000 Plath v Rawson [2009] NSWLEC 178 Terranora Group Management Pty Ltd v Director-General Office of Environment & Heritage [2013] NSWLEC 198 Category: Principal judgment Parties: 10355 of 2013 Grant Wesley Turnbull (Applicant) Director-General, Office of Environment and Heritage (Respondent)

10356 of 2013 Cory Ian Turnbull and Donna Maree Turnbull (Applicants) Director-General, Office of Environment and Heritage (Respondent) Representation: Mr T A Alexis SC with Ms H P Irish (Applicants) Mr D K Jordan (Barrister) (Respondent) Cole & Butler (Applicants) Legal Services Branch, Office of Environment and Heritage (Respondent) File Number(s): 10355 of 2013 and 10356 of 2013 Publication restriction: No