Snowy Mountains Brumby Sustainability & Management Group Incorporated v State of New South Wales and Anor [2020] NSWLEC 92

Land and Environment Court New South Wales

Medium Neutral Citation: Snowy Mountains Brumby Sustainability & Management Group Incorporated v State of New South Wales and Anor [2020] NSWLEC 92 Hearing dates: 9 July 2020 Date of orders: 17 July 2020 Decision date: 17 July 2020 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraphs 74 and 75 Catchwords: ENVIRONMENT AND PLANNING – judicial review – Part 5 Environmental Assessment – whether breach of duty to consider environmental impact – s 5.5(1) Environmental Planning and Assessment Act 1979 – s 5.1 Activity relating to the "use of land" – proposed action not exempt development – further consideration required as activity authorised by the plan – compliant with s 81 National Parks and Wildlife Act 1974 COSTS – proceedings brought in public interest – s 4.2(1) Land and Environment Court Rules 2007 discretion exercised – no order for costs Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Kosciuszko Wild Horse Heritage Act 2018 Land and Environment Court Rules 2007 National Parks and Wildlife Act 1974 Snowy River Local Environmental Plan 2013 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Broker Pty Ltd v Shoalhaven City Council (2008) 164 LGERA 161 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) (2010) 173 LGERA 280 Chamwell Pty Ltd v Strathfield Council (2007) 151 LGERA 400 Guthega Development Pty Ltd v Minister Administering the National Parks and Wildlife Act (NSW) 1974 (1986) 7 NSWLR 353 Lennard v Jessica Estates Pty Ltd (2008) 71 NSWLR 306 Oshlack v Rous Water (2013) 194 LGERA 39 Oshlack v Rous Water (No 2) (2012) 189 LGERA 243 Royal Agricultural Society of New South Wales v Sydney City Council (1987) 61 LGRA 305 Rundle v Tweed Shire Council (1989) 68 LGRA 308 Sustainable Fishing and Tourism Inc v Minister for Fisheries (2000) 106 LGERA 322 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Snowy Mountains Brumby Sustainability & Management Group Incorporated (Applicant) State of New South Wales (First Respondent) Chief Executive, National Parks and Wildlife Service (Second Respondent) Representation: Counsel: M Seymour and T Poisel (Applicant) P McDonald SC and I King (First and Second Respondents)