A party alleging contravention of the Native Vegetation Act 2003 (NSW) and seeking remedial orders under s 41(5) is not required to identify and prove the precise dimensions of each section or patch of native vegetation removed from an area. It is sufficient to establish the extent of the contravention to enable a determination of whether a proposed remedial order is a reasonable and proportionate response. The removal of seedbank and reproductive mechanisms for indigenous groundcover species in the soil profile is capable of constituting a contravention of the Act, even where vegetation is not visible at the time of clearing. A landholder's lay opinion as to the percentage of indigenous species does not satisfy the requirement of reg 62(1)(a) of the NV Regulation for calculation 'in a scientific and objective manner'.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.