Land Clearing Laws Overturned in the NSW Land and Environment Court


The NSW Land and Environment Court on Friday declared the government’s Land Management (Native Vegetation) Code 2017 to be “invalid and of no effect”.¬† The Court order means that any clearing that has been done under the invalid code since August 25, 2018 is actually unlawful,” the Environmental Defenders Office NSW said in a statement. Documents filed with the court in November 2017 by the NSW Nature Conservation Council argued Gabrielle Upton, the state’s environment minister, “failed to adequately consider the principles of ecologically sustainable development” as required by law when making the codes.

Secondly, it argued Niall Blair, primary industries minister, failed to obtain agreement from Ms Upton before making the laws.