DIRECTOR-GENERAL OF THE DEPARTMENT OF LAND & WATER CONSERVATION v. PYE [1998] NSWLEC 292 (24 November 1998) [1998] NSWLEC 71
On the balance of probabilities, the defendant proved the clearing was regrowth under ten years of age on land previously cleared for pastures and cultivation, thus falling within the exemption in Schedule 3(j) of SEPP 46, and not amounting to an offence under the Environmental Planning and Assessment Act s 76(2).
- Jurisdiction
- Australia
- Judgment Date
- 24 November 1998
- Procedural Posture
- Criminal Summonses / Judgment
- Outcome
- not guilty
- Legal Topics
- ['removal of Native Vegetation Without Consent' 'exemption for Clearing Regrowth Under Ten Years Old' 'onus of Proof for Exemptions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Summonses / Judgment
Legal Issues
- 1 ['Whether clearing of native vegetation occurred without consent' 'Whether clearing falls within exemption for regrowth under ten years old on land previously cleared for cultivation or pastures' 'Onus of proof for establishing exemption']
Ratio Decidendi
On the balance of probabilities, the defendant proved the clearing was regrowth under ten years of age on land previously cleared for pastures and cultivation, thus falling within the exemption in Schedule 3(j) of SEPP 46, and not amounting to an offence under the Environmental Planning and Assessment Act s 76(2).
Court Disposition
not guilty
Orders
- ['The defendant is found not guilty of the offences as charged.' 'The summons in both proceedings is dismissed.' 'The exhibits may be returned.']
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