Sutherland Shire Council v Benedict Industries Pty Ltd (No 4)

Land and Environment Court New South Wales Case Name:  Sutherland Shire Council v Benedict Industries Pty Ltd (No 4) Medium Neutral Citation:  [2015] NSWLEC 101 Hearing Date(s):  15 and 16 June 2015 Date of Orders: 19 June 2015 Decision Date:  19 June 2015 Jurisdiction:  Class 5 Before:  Pepper J Decision:  Collateral challenge dismissed. Costs reserved. Catchwords:  ENVIRONMENTAL OFFENCES: defendants’ collateral challenge to validity of Tree and Bushland Preservation Order the subject of four charges – whether Order lawfully made by council under the relevant environmental planning instrument – whether by confining the manner of exercise of the power to approve an application for the removal of a tree or vegetation permission in writing the council acted outside the authority conferred on it by the relevant environmental planning instrument – whether the Order had been repealed by a later environmental planning instrument at the time of the commission of the offences – collateral challenge is dismissed – costs reserved. STATUTORY INTERPRETATION: principles applicable to the construction of subordinate legislation – doctrine of severance. Legislation Cited:  Environmental Planning and Assessment Act 1979, ss 5(a), 125(1) Interpretation Act 1987, ss 32, 45 Local Government Act 1993, s 371 Sutherland Local Environmental Plan 2000, cl 13 Sutherland Shire Local Environmental Plan 2006, cls 4, 7 Sutherland Shire Tree and Bushland Preservation Order 2001 Cases Cited:  Air Services Australia v Canadian Airlines International Limited [1999] HCA 62; (1999) 202 CLR 133 Allandale Blue Metal Pty Ltd v Road and Maritime Services [2013] NSWCA 103; (2013)...