Director-General, Department of Environment, Climate Change and Water v Venn

[2011] NSWLEC 118

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Civil enforcement - proceedings for orders to remedy and restrain breach of statute - damaging and removing vegetation and soil from land reserved or acquired under National Parks and Wildlife Act 1974 ("Parks Act") - owner of private land directed conduct of clearing and filling of adjoining land - conduct damaged and removed
1. Civil enforcement - proceedings for orders to remedy and restrain breach of statute - whether time barred - proceedings for an offence to be commenced within two years after date of offence - civil enforcement proceedings not proceedings for an offence - time bar not applicable.
1. Declarations and injunctions - civil enforcement proceedings - whether declaration should be made in addition to injunctive orders to remedy and restrain breaches of statute - declaration of breach appropriate to be made in circumstances -appropriate injunctive orders to restrain and remedy breaches - application of polluter pays principle to require polluter to remedy environmental harm caused by breach - whether discretion to decline relief should be exercised.