Parry v Andrews [2019] NSWLEC 86

Land and Environment Court New South Wales

Medium Neutral Citation: Parry v Andrews [2019] NSWLEC 86 Hearing dates: 15 April 2019 Date of orders: 19 June 2019 Decision date: 19 June 2019 Jurisdiction: Class 6 Before: Preston CJ Decision: The Court: (1) Grants leave to appeal against the convictions imposed on the appellant, Michael Andrew Parry, by the Local Court on 4 July 2018 for two offences against s 201(1) of the Fisheries Management Act 1994. (2) Dismisses the appeal. (3) Orders the appellant to pay the costs of the appeal of the respondent, as agreed or assessed, with such costs to be paid within 28 days after an agreement as to the amount of costs has been made or the issue of a certificate of assessment of any such costs, whichever is earlier. Catchwords: APPEAL – appeal from Local Court – appeal against conviction for environmental offence – carry out reclamation work without permit – construction of retaining wall and concrete boat ramp on water land – whether involved "reclamation work" – meaning of "reclamation work" – whether works proved to involve reclamation work Legislation Cited: Crimes (Appeal and Review) Act 2001 ss 33, 36, 49, 67, 72 Fisheries Management Act 1994 ss 3, 198, 198A, 201 Protection of the Environment Administration Act 1991 s 6 Cases Cited: Dovuro Pty Ltd v Wilkins (2003) 215 CLR 317; [2003] HCA 51 Hongzhi Sun v Grant Barnes, Department of Industry (No 2) [2018] NSWLEC 203 Mouawad v The Hills Shire Council (No 2) [2013] NSWLEC 172 Texts Cited: J E Moore, "Land by the Water" (1968) 41 Australian Law Journal 532 Macquarie Dictionary Category: Principal judgment Parties: Michael Andrew Parry (Appellant) Anthony Hugh Andrews (Respondent) Representation: Counsel: Mr P A Horobin (Appellant) Ms A Bonnor (Respondent)