Bathurst Regional Council v Department of Planning, Industry and Environment trading as Natural Resources Access Regulator [2021] NSWLEC 109

Land and Environment Court New South Wales

Medium Neutral Citation: Bathurst Regional Council v Department of Planning, Industry and Environment trading as Natural Resources Access Regulator [2021] NSWLEC 109 Hearing dates: 14 September 2021 Date of orders: 08 October 2021 Decision date: 08 October 2021 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court orders: (1) Pursuant to s 149B(1) of the Civil Procedure Act 2005, proceedings 2020/215879 are transferred to the Supreme Court of New South Wales. (2) The applicant is to pay the respondent's costs thrown away by the transfer of the proceedings from the Land and Environment Court of New South Wales to the Supreme Court of New South Wales agreed in the sum of $18,900. (3) The costs are payable at the conclusion of the proceedings. Catchwords: JUDICIAL REVIEW – decision of the Natural Resources Access Regulator to give official caution – alleged breach of Water Management Act 2000 – function to give official caution conferred by Natural Resources Access Regulator Act 2017 and Fines Act 1996 – jurisdiction of Land and Environment Court to review decision to give official caution – transfer of proceedings to Supreme Court Legislation Cited: Civil Procedure Act 2005 s 149B Fines Act 1996 s 19A Land and Environment Court Act 1979 s 20 Natural Resources Access Regulator Act 2017 s 11, sch 2 Water Management Act 2000 s 91B, s 336, s 365 Category: Procedural rulings Parties: Bathurst Regional Council (Applicant) Department of Planning, Industry and Environment trading as Natural Resources Access Regulator (Respondent) Representation: Counsel: Mr M Seymour with Ms J Reid (Applicant) Ms Z Heger with Mr A Brown (Respondent)