Turnbull v Chief Executive of the Office of Environment and Heritage [2017] NSWCA 161

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Turnbull v Chief Executive of the Office of Environment and Heritage [2017] NSWCA 161 Hearing dates: 26 May 2017 Decision date: 04 July 2017 Before: Basten JA at [1]; Meagher JA at [2]; Sackville AJA at [3] Decision: 1. Appeal dismissed. 2. Appellant to pay the respondent's costs of the appeal. Catchwords: ENVIRONMENT AND PLANNING – clearing of native vegetation in contravention of s 12 of the Native Vegetation Act 2003 (NSW) – contravention admitted but not extent of clearing – whether "groundcover" had been cleared – whether clearing must be on each and every part of the land – whether remedial orders appropriate Legislation Cited: Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Environmental Planning and Assessment Act 1979 (NSW), s 124 Evidence Act 1995 (NSW), s 78 Native Vegetation Act 2003 (NSW), ss 3, 4(1), 6, 7, 8, 12, 20, 38, 39, 41, 44, Pt 4 Protection of the Environment Operations Act 1997 (NSW), s 91

Native Vegetation Regulation 2005 (NSW), reg 42 Native Vegetation Regulation 2013 (NSW), reg 62 Cases Cited: ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67 Chief Executive of the Office of Environment and Heritage v Turnbull (No 4) [2016] NSWLEC 66 Precision Products (NSW) Pty Ltd v Hawkesbury City Council (2008) 74 NSWLR 102; [2008] NSWCA 278 Terranora Group Management Pty Ltd v Director-General, Office of Environment and Heritage [2013] NSWLEC 198; 200 LGERA 1 Turnbull v Director-General, Office of Environment and Heritage (No 2) [2014] NSWLEC 112 Turnbull v Director-General, Office of Environment and Heritage [2014] NSWLEC 84; 212 LGERA 163 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Grant Wesley Turnbull (Appellant) Chief Executive Officer of the Office of Environment and Heritage (Respondent) Representation: Counsel: Mr T Alexis SC / Ms H Irish (Appellant) Mr T Howard SC / Mr DK Jordan (Respondent)