Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2:
1. By six summonses filed on 11 March 2021, the Secretary, Department of Planning, Industry and Environment (the prosecutor) charged Balmoral Farms Pty Ltd (the defendant) with five offences under s 12 of the Native Vegetation Act 2003 (NSW) and one offence under s 60N of the Local Land Services Act 2013 (NSW) alleging clearing of native vegetation without approval in relation to two properties owned by the defendant in the Walgett Local Government Area. Four of the alleged offences relate to the property known as "Corombie", located at 2461 Rowena Road, which includes Lot 4 in DP 752245, Lots 6 and 25 in DP 752247 and Lot 9 in DP 752254 (Corombie). The remaining two alleged offences relate to the property known as "Balmoral", located at 29310 Kamilaroi Highway, Burren Junction, which includes Lots 12 and 16 in DP 753926 (Balmoral).
2. There are two related hearings which I will hear which together concern the liability for sixteen offences of clearing native vegetation in breach of s 12 of the Native Vegetation Act 2003 (NSW) and s 60N of the Local Land Services Act in relation to five defendants. The hearing in relation to Balmoral Farms Pty Ltd commenced before me on Monday, 28 April 2025 (the first hearing). This hearing is the first of the three hearings. The second hearing, Secretary, Department of Planning and Environment v JP & LR Harris Pty Ltd; Secretary, Department of Planning and Environment v Woolondoon Pty Ltd, is set to commence on Monday, 12 May 2025 for five days (the second hearing). The third hearing, Secretary, Department of Planning and Environment v Phillip John Harris; Secretary, Department of Planning and Environment v Sue Ellen Harris, is set to commence on Wednesday, 21 May 2025 for five days (the third hearing).
3. On day two of the first hearing, Tuesday, 29 April 2025, Ms Wright SC, senior counsel for the prosecutor, tendered the following exhibits:
1) Certificate of Sarah Carr under s 50 of the Native Vegetation Act 2003 (NSW) dated 20 March 2024 (Exhibit A);
2) Certificate of Sarah Carr under s 13.31(2)(a) of the Biodiversity Conservation Act 2016 (NSW) dated 20 March 2024 (Exhibit B); and
3) Certificate of Thomas Celebrezze, Director, Remote Sensing and Landscape Science, Department of Planning and Environment, pursuant to s 13.31(2)(a) of the Biodiversity Conservation Act 2016 (NSW) dated 22 March 2024 (Exhibit C).
4. In opening submissions, Ms Wright indicated that the prosecutor intended to tender a certificate dated 12 October 2020 issued under s 60F(5) of the Local Land Services Act certifying that part of certain land identified in the certificate was category 2-regulated land for the purposes of the Local Land Services Act (the certificate). The certificate relates to proceedings number 2021/69611 (charge 4), being a charge under s 60N of the Local Land Services Act. Ms Wright referred to an objection by the defendant to the further certificate sought to be tendered by the prosecutor pursuant to s 60F(5) of the Local Land Services Act, that of Mr Jeremy Black, Director, Remote Sensing and Landscape Science, dated 12 October 2020. Ms Wright said as follows (emphasis added):
WRIGHT: Then one needs to go to s 60I which sets out the type of land that is to be designated as category 2 regulated land. And that turns on, your Honour will see there, the reasonable belief of the environmental agency head, "If the agency head reasonably believes the land was not cleared of native vegetation as at 1 January 1990 or was unlawfully clear of native vegetation after 1 January 1990." And subs 5 allows for an evidentiary certificate to be issued in connection with legal proceedings against a land holder that the land described in the certificate--
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19689bbfbf7e86a1e9dad6a9)
Disclaimer: Curated by HT Syndication.
