LOCAL GOVERNMENT ENVIRONMENTAL REPORTS

Transcription

1 AUGUST 2013 Reports concerning local government, valuation of land, compensation, town planning, environmental control and powers and duties of statutory authorities from the High Court, Federal Court, Supreme Courts of the States and Territories and the Victorian Civil and Administrative Tribunal. The Authorised reports of the NSW Land and Environment Court THE LOCAL GOVERNMENT AND ENVIRONMENTAL REPORTS OF AUSTRALIA EDITOR SA WHITE, MA LLB REPORTERS J VENEZIANO N HOLLINSHEAD P KELSO VOL 194 PART 3 PAGES

2 The mode of citation of this part will be: 194 LGERA TABLE OF CASES REPORTED Part 3 Pages Alexander (No 3); Hume Coal Pty Ltd v (NSW Land & Environment Ct) Barrington-Gloucester-Stroud Preservation Alliance Inc v Minister for Planning and Infrastructure and Another (NSW Land & Environment Ct) Bennic; Dobrohotoff v (NSW Land & Environment Ct) Casacir Pty Ltd; Country Endeavours Pty Ltd v (Vic Sup Ct) Country Endeavours Pty Ltd v Casacir Pty Ltd (Vic Sup Ct) Crown Lands Act, Minister Administering v New South Wales Aboriginal Land Council (Goomallee Claim) (NSW Ct of App)... 1 Dobrohotoff v Bennic (NSW Land & Environment Ct) Eclipse Resources Pty Ltd v Chief Executive Officer, Department of Environment and Conservation (WA Ct of App) Environment and Conservation, Chief Executive Officer, Department of; Eclipse Resources Pty Ltd v (WA Ct of App) Others (NSW Land & Environment Ct) Gladstone Regional Council; Serafini v (Qld Ct of App) GrainCorp Operations Ltd v Liverpool Plains Shire Council and Others (NSW Ct of App) Greater Dandenong City Council; Ho v (Vic Ct of App) Ho v Greater Dandenong City Council (Vic Ct of App) Hume Coal Pty Ltd v Alexander (No 3) (NSW Land & Environment Ct) Hunter Community Environment Centre Inc v Minister for Planning (NSW Land & Environment Ct) Liverpool Plains Shire Council and Others; GrainCorp Operations Ltd v (NSW Ct of App) (Cases in bold reported in this part) ISSN

3 TABLE OF CASES REPORTED New South Wales Aboriginal Land Council (Goomallee Claim); Minister Administering the Crown Lands Act v (NSW Ct of App)... 1 Newcastle City Council and Others; Friends of King Edward Park Inc v (NSW Land & Environment Ct) Oshlack v Rous Water and Others (NSW Ct of App) Planning and Infrastructure and Another, Minister for; Barrington-Gloucester-Stroud Preservation Alliance Inc v (NSW Land & Environment Ct) Planning, Minister for; Hunter Community Environment Centre Inc v (NSW Land & Environment Ct) Port Phillip City Council; Whitelaw and Others v (Vic Civil & Admin Trib) Rous Water and Others; Oshlack v (NSW Ct of App) Serafini v Gladstone Regional Council (Qld Ct of App) Sustainability, Environment, Water, Population and Communities, Minister for v Woodley and Another (Fed Ct of Aust) Whitelaw and Others v Port Phillip City Council (Vic Civil & Admin Trib) Woodley and Another; Minister for Sustainability, Environment, Water, Population and Communities v (Fed Ct of Aust) (Cases in bold reported in this part)

4 INDEX Part 3 Pages ADMINISTRATIVE LAW Ultra vires Major development Validity of approval Statement relating to compliance with environmental assessment requirements required in Director- General s report to Minister prior to decision Whether compliance with environmental assessment requirements constituted by Director-General s report or whether separate certification necessary Environmental Planning and Assessment Act 1979 (NSW), ss 75F, 75H, 75I, 75J. Ultra vires Major development Validity of Minister s approval Statement relating to compliance made by Director-General in relation to fly ash disposal measures Whether statement misleading Environmental Planning and Assessment Act 1979 (NSW), ss 75I, 75J. COSTS Security Judicial review proceedings Public interest litigation exception Civil Procedure Act 2005 (NSW), s 98 Land and Environment Court Rules 2007 (NSW), r 4.2 Uniform Civil Procedure Rules 2005 (NSW), r Others (NSW Land & Environment Ct) DECLARATIONS AND INJUNCTIONS Jurisdiction Mining Interference with use of right-of-way by holder of exploration licence Mining Act 1992 (NSW), s 295. EVIDENCE Expert evidence Judicial review proceedings Whether expert evidence reasonably required to resolve proceedings Geotechnical report provided by developer suggesting evaluation of slope instability necessary before building work undertaken Relevance of allegation that consent authority was under duty to inquire into slope instability by obtaining geotechnical report Environmental Planning and Assessment Act 1979 (NSW), ss 5(c), 79C, 80, 91(1), 91A, 101, 123 Mine Subsidence Compensation Act 1961 (NSW), ss 4, 15 Uniform Civil Procedure Rules 2005 (NSW), Pt 31 Div 2, rr 31.17, Newcastle Local Environmental Plan 2003 (NSW), cll 27, 31. Others (NSW Land & Environment Ct)

5 INDEX MINING Lease Interference with rights of holder of exploration licence Mining Act 1992 (NSW), s 29(1). OFFENCES AND PENALTIES Penalty Contravention of civil penalty provisions Consideration of appropriate pecuniary penalties for corporation and individual controlling that corporation for admitted contravention Illegal commercial fishing in Marine Reserve Criteria to be taken into account when determining penalty Mitigating factors Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 354, 481. Minister for Sustainability, Environment, Water, Population and Communities v Woodley and Another (Fed Ct of Aust) RESTRICTIVE COVENANTS Statutory rights of holder of exploration licence Mining Act 1992 (NSW), s 29(1). WORDS AND PHRASES Prospecting operations Mining Act 1992 (NSW), s 140. Relating to compliance Environmental Planning and Assessment Act 1979 (NSW), ss 75F, 75H, 75I, 75J.