Department of Environment and Climate Change v Olmwood Pty Limited

[2010] NSWLEC 15

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. PROSECUTION :- whether native vegetation cleared - whether vegetation regrowth within meaning of Native Vegetation Act 2003 - whether defendant has onus of proving on balance of probabilities that vegetation regrowth - impact of sandmining on vegetation on property - whether aerial photographs and SPOT5 image analysis proved continuity of vegetation cover
1. DEVELOPMENT CONSENT :- whether development consent granted for clearing native vegetation - whether consent lapsed - whether survey work relied on for physical commencement in breach of condition of consent - whether development consent granted on land zoned for possible coastal acquisition land - absence of Minister's consent for clearing native vegetation
1. PROSECUTION :- whether defendant caused or permitted clearing to be carried out - whether defendant landholder discharged onus of proof it bears under s 44 of the Native Vegetation Act 2003

Citation[2010] NSWLEC 15

CourtNSWLEC

JurisdictionNew South Wales

The full text is available to signed-in members, including the 14 later cases that cite this judgment.

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