Director-General Department of Land and Water Conservation v Jackson & Ors [2003] NSWLEC 199

Director-General Department of Land and Water Conservation v Jackson & Ors [2003] NSWLEC 199

Because both parties sought to ensure that their challenges to the preliminary determinations of questions of law were properly before the Court of Criminal Appeal, and because the questions concerned important issues in the interpretation of the Native Vegetation Conservation Act 1997 with general and broad application, the Court issued the requested certificate and submitted the questions of law to facilitate the Court of Criminal Appeal proceedings.

Jurisdiction
Australia
Judgment Date
02 September 2003
Procedural Posture
Class 5 Proceedings Involving Charges of Offences Against S17 of the Native Vegetation Conservation Act 1997 / Supplementary Judgment Concerning a Reference of Questions of Law and a Certificate for Determination by the Court of Criminal Appeal
Outcome
The Court issued a certificate under s5F(3)(b) of the Criminal Appeal Act 1912 and submitted the two questions of law to the Court of Criminal Appeal under s5AE(1).
Legal Topics
['native Vegetation Conservation' 'questions of Law' 'reference to Court of Criminal Appeal' 'certificate for Appeal']
['environmental Law' 'criminal Law' 'appellate Procedure'] ['native Vegetation Conservation' 'questions of Law' 'reference to Court of Criminal Appeal' 'certificate for Appeal']

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Procedural Posture

Class 5 Proceedings Involving Charges of Offences Against S17 of the Native Vegetation Conservation Act 1997 / Supplementary Judgment Concerning a Reference of Questions of Law and a Certificate for Determination by the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether to issue a certificate pursuant to s5F(3)(b) of the Criminal Appeal Act 1912 that the judgment or decision determining the questions of law is a proper one for determination by the Court of Criminal Appeal.' 'Whether to submit to the Court of Criminal Appeal pursuant to s5AE(1) of the Criminal Appeal Act 1912 the two questions of law determined in the earlier judgment on the basis of the agreed statement of facts.']

Ratio Decidendi

Because both parties sought to ensure that their challenges to the preliminary determinations of questions of law were properly before the Court of Criminal Appeal, and because the questions concerned important issues in the interpretation of the Native Vegetation Conservation Act 1997 with general and broad application, the Court issued the requested certificate and submitted the questions of law to facilitate the Court of Criminal Appeal proceedings.

Court Disposition

The Court issued a certificate under s5F(3)(b) of the Criminal Appeal Act 1912 and submitted the two questions of law to the Court of Criminal Appeal under s5AE(1).

Orders

  • ['Pursuant to s5AE(1) of the Criminal Appeal Act 1912, the Court submitted to the Court of Criminal Appeal for determination the two questions of law referred to in paragraph 2 of the reasons for judgment dated 31 March 2003 on the basis of the Statement of Agreed Facts.' 'The Court certified under s5F(3)(b) of the...