Warren v Vagg [1922] HCA 22

Warren v Vagg [1922] HCA 22

The phrase ‘any Act relating to Crown lands’ in s. 729 of the Local Government Act 1915 (Vic) does not include that Act itself, so a licence granted under s. 732 does not exclude the land from being a ‘water frontage’ within the meaning of the Forests Act 1915 (Vic), and such land is a ‘protected forest.’ Thus, felling timber without a permit was an offence under s. 30 of the Forests Act 1915.

Parties
Informant/appellant: William James Warren; Defendant/respondent: James Henry Vagg
Jurisdiction
Australia
Judgment Date
29 May 1922
Procedural Posture
Criminal Appeal / High Court Appeal From Supreme Court of Victoria (special Leave)
Outcome
Appeal allowed
Legal Topics
Forests Act 1915 (vic.)—definition of Protected Forest, Local Government Act 1915 (vic.)—water Frontage Licences, Statutory Construction—‘act Relating to Crown Lands’
Environmental Law Administrative Law Statutory Interpretation Forests Act 1915 (vic.)—definition of Protected Forest Local Government Act 1915 (vic.)—water Frontage Licences Statutory Construction—‘act Relating to Crown Lands’

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Parties

William James Warren

Informant/appellant

James Henry Vagg

Defendant/respondent

Procedural Posture

Criminal Appeal / High Court Appeal From Supreme Court of Victoria (special Leave)

Legal Issues

  1. 1 Whether land held under licence issued pursuant to s. 732 of the Local Government Act 1915 (Vic) constitutes ‘protected forest’ under s. 4 Forests Act 1915 (Vic)
  2. 2 Whether the phrase ‘any Act relating to Crown lands’ in s. 729(g) excludes the Local Government Act 1915 itself for purposes of the water frontage definition

Ratio Decidendi

The phrase ‘any Act relating to Crown lands’ in s. 729 of the Local Government Act 1915 (Vic) does not include that Act itself, so a licence granted under s. 732 does not exclude the land from being a ‘water frontage’ within the meaning of the Forests Act 1915 (Vic), and such land is a ‘protected forest.’ Thus, felling timber without a permit was an offence under s. 30 of the Forests Act 1915.

Court Disposition

Appeal allowed

Orders

  • Order of the Supreme Court dated 22nd November 1921 and order nisi to review dated 19th August 1921 discharged
  • Order and conviction of Court of Petty Sessions at Cobden restored