Anderson & Anor v The Director-General of the Department of Environment and Conservation & Ors

In 2006, EDO NSW represented Douglas and Susan Anderson, traditional owners of land at Angels Beach in East Ballina, in their challenge to the validity of a consent issued by the Director-General of the Department of Environment and Conservation which allowed the destruction of Aboriginal cultural heritage for a residential subdivision.

The Land and Environment Court ruled that the consent was invalid because the Director-General had failed to take into account a number of relevant matters in issuing the consent, including a supplementary report in relation to the heritage significance of the subdivision site.

The Court also found that the Director-General had failed to adequately apply the principles of ecologically sustainable development as required under the National Parks and Wildlife Act, particularly the principle of intergenerational equity.

We are grateful to barristers Tim Robertson SC and Louise Byrne for their assistance with this matter.

Judgment