Turnbull v Director-General, Office of Environment and Heritage (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Turnbull v Director-General, Office of Environment and Heritage (No 2) [2014] NSWLEC 112 Hearing dates:11, 17 July 2014 and 31 July 2014 (written submissions)Decision date: 31 July 2014 Before: Preston CJ Decision: Orders as at [13] and [14] Catchwords: APPEAL - clearing of native vegetation - directions for remedial work - final orders made Legislation Cited: Native Vegetation Act 2003 s 38 Category:Consequential ordersParties: 10355 of 2013 Grant Wesley Turnbull (Applicant) Director-General, Office of Environment and Heritage (Respondent) 10356 of 2013 Cory Ian Turnbull and Donna Maree Turnbull (Applicants) Director-General, Office of Environment and Heritage (Respondent) Representation: Mr T A Alexis SC with Ms H P Irish (Applicants) Mr D K Jordan (Barrister) (Respondent) Cole & Butler (Applicants) Legal Services Branch, Office of Environment and Heritage (Respondent) File Number(s):10355 of 2013 and 10356 of 2013 Publication restriction:No JudgmentOn 25 June 2014, I delivered judgment in these appeals indicating that I was minded to uphold the appeals, revoke the directions for remedial work made by the Director-General on 16 April 2013 and instead make new directions for remedial work for each property that reflect the findings in the judgment. I provided a draft of the terms of the new directions for remedial work but directed the parties to discuss and endeavour to agree on the final terms of the new directions for remedial work including attached maps delineating accurately the remediation areas on each property, the forms for the initial works...