Chief Executive of the Office of Environment and Heritage v Turnbull (No 4)

The Office of Environment and Heritage sought an injunction and other orders against Turnbull for clearing native vegetation without approval on land known as ‘Colorado’ in Croppa Creek, New South Wales. The matter was heard in the Supreme Court of New South Wales. The primary legal issue was whether the Office of Environment and Heritage could be granted injunctive relief and other orders under the Native Vegetation Act 2003 (NSW) to prevent further clearing of native vegetation and to require Turnbull to carry out remedial works on the land. The court considered whether the Office of Environment and Heritage had established a sufficient case for the relief sought. The court found that Turnbull had cleared native vegetation without approval and that the Office of Environment and Heritage had demonstrated a serious question to be tried regarding the alleged breaches of the Native Vegetation Act 2003. The court determined that the balance of convenience favoured the grant of the relief sought by the Office of Environment and Heritage, and that it was appropriate to make the orders sought to prevent further harm to the environment and to ensure compliance with the Act. The court made the orders as set out in the orders section above.