A charge of clearing native vegetation under s 26 of the Native Vegetation Act 1991 (SA) may be laid by reference to an identified area of land without specifying individual plants, and is not duplicitous on its face merely because particulars disclose multiple separate stands of vegetation within that area. Whether the charge is duplicitous depends on whether the conduct alleged amounts to a single activity of clearance, which is a question of fact and degree to be determined by reference to factors including the extent of the area, the location of the vegetation, the nature and timing of the clearing acts, and whether the acts form part of an organised project. The question of latent duplicity can only be resolved once the prosecution case is sufficiently known.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
1 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.