Lau v NSW Department of Industry [2019] NSWLEC 77

Land and Environment Court New South Wales

Medium Neutral Citation: Lau v NSW Department of Industry [2019] NSWLEC 77 Hearing dates: 10 May 2019, 22 May 2019, 7 June 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Class 6 Before: Pain J Decision: (1) Appeal no 19/67254 is dismissed.

(2) No order as to costs. Catchwords: APPEAL – appeal against conviction in Local Court – no jurisdiction in Land and Environment Court – no power to transfer proceedings to District Court Legislation Cited: Crimes (Appeal and Review) Act 2001 ss 3, 11, 13, 31, 52 Fisheries Management Act 1994 s 18, Pt 7, Pt 7A, s 277 Land and Environment Court Act 1979 ss 21, 31, 77 Protection of the Environment Administration Act 1991 s 3 Supreme Court Rules 1970 r 6 Category: Procedural and other rulings Parties: Wai Keung Lau (Appellant)

NSW Department of Primary Industries Cronulla (Respondent) Representation: COUNSEL: K Tang (Appellant) K Johnston, solicitor (Respondent)

SOLICITORS: N/A (Appellant) Norton Rose Fullbright (Respondent) File Number(s): 19/67254 Decision under appeal Court or tribunal: Batemans Bay Local Court Jurisdiction: Criminal Date of Decision: 1 February 2019 Before: Magistrate D Dick File Number(s): 2018/292939