Chief Executive, Office of Environment and Heritage v Grant Wesley Turnbull (No 3) [2019] NSWLEC 165

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive, Office of Environment and Heritage v Grant Wesley Turnbull (No 3) [2019] NSWLEC 165 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Class 5 Before: Pain J Decision: (1) The Defendant's notice of motion dated 8 October 2019 is dismissed.

(2) The exhibits are returned. Catchwords: PROSECUTION – plea of not guilty to charge of unlawful clearing of native vegetation – three pre-trial applications by Defendant – order to stay part of charge period as authorised officer aware of clearing earlier than stated in amended summons – order that part of charge period statute barred as evidence does not disclose continuing offence – order preventing reliance on admissions by Defendant in related Class 4 and Class 1 proceedings – no orders made Legislation Cited: Corporations Act 2001 (Cth) s 1317Q Environment Protection and Biodiversity Conservation Act 1999 (Cth) Environmental Offences and Penalties Act 1989 s 6 Environmental Planning and Assessment Act 1979 s 9.57 Evidence Act 1995 ss 84, 85, 86, 90, 128, 132, 137, 138, 139, Dictionary Native Vegetation Act 2003 ss 12, 42 Native Vegetation Conservation Act 1997 s 21 Uniform Civil Procedure Rules 2005 Sch 7 Cases Cited: Bentley v Gordon; Bentley v BGP Properties Pty Ltd (2005) 139 LGERA 449; [2005] NSWCCA 157 Brebner v Perry [1961] SASR 177 Chief Executive of the Office of Environment and Heritage v Turnbull (No 4) [2016] NSWLEC 66 Chief Executive, Office of Environment and Heritage v Manchee; Chief Executive, Office of Environment and Heritage v Bogamildi Investments Pty Ltd (2015) 209 LGERA 280; [2015] NSWLEC 117 Chief Executive, Office of Environment and Heritage v Turnbull (No 2) [2019] NSWLEC 145 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission (2016) 242 FCR 153; [2016] FCAFC 97 Director-General, Department of Land and Water Conservation v Greentree (2003) 131 LGERA 234; [2003] NSWCCA 31 Em v The Queen (2007) 232 CLR 67; [2007] HCA 46 Environment Protection Authority v CSR Ltd t/as CSR Woodpanels (2001) 114 LGERA 217; [2001] NSWLEC 41 Environment Protection Authority v Truegain Pty Ltd (2013) 85 NSWLR 125; [2013] NSWCCA 204 LGM v CAM (2011) 46 Fam LR 118; [2011] FamCAFC 195 Parker v Comptroller-General of Customs (2009) 252 ALR 619; [2009] HCA 7 Port Macquarie-Hastings Council v Waite [2019] NSWLEC 146 R v Adler (2004) 48 ACSR 693; [2004] NSWSC 108 R v Clyne (1985) 2 NSWLR 740 R v Coote (1873) LR 4 PC 599 R v Cornwell (2003) 57 NSWLR 82; [2003] NSWSC 97 Rummery v Chief Executive, Office of Environment and Heritage (2014) 201 LGERA 428; [2014] NSWCCA 106 Turnbull v Director-General, Office of Environment and Heritage (No 2) [2014] NSWLEC 112 Category: Principal judgment Parties: Chief Executive, Office of Environment and Heritage (Prosecutor) Grant Wesley Turnbull (Defendant) Representation: COUNSEL: T Howard and S Hartford-Davis (Prosecutor) D Brezniak (Defendant)