Barker v Water Administration Ministerial Corporation (No. 2) [2022] NSWLEC 1427

Land and Environment Court New South Wales

Medium Neutral Citation: Barker v Water Administration Ministerial Corporation (No. 2) [2022] NSWLEC 1427 Hearing dates: 9 and 10 September 2021, 11 and 12 April 2022 Date of orders: 15 August 2022 Decision date: 15 August 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) the appeal is upheld; (2) the application no. 90CW811054, in relation to proposed Works 1, 2 and 3, on properties referred to as "Bareese" and "Golden Acres" located around 30km south of Gunnedah at Wondobah Road, Curlewis, is approved subject to the Statement of Approval and the "Plan of Approved Works – 90CW811054 (90FW837070)" provided at Annexure "A' of this judgment; (3) the exhibits are returned, except Exhibits A, B, R1-1, R1-2, R2-4, R2-5 which are retained. Catchwords: DEVELOPMENT APPLICATION – proposed flood mitigation works - whether proposed works are acceptable having regard to the matters in section 166C(1) of the Water Act 1912. Cases Cited: Barker v Water Administration Ministerial Corporation [2021] NSWLEC 1357 Category: Consequential orders Parties: Geoffrey Hugo Barker (Applicant) Water Administration Ministerial Corporation (First Respondent) Paul James Snape (Second Respondent) Snape Farming Co Pty Limited (Third Respondent) Representation: Counsel: R White (Applicant) H El-Hage (Respondent) J Smith (Second and Third Respondent)

Solicitors: McArthur Legal Services Pty Ltd (Applicant) Department of Planning, Industry and Environment (First Respondent) Everingham Solomons Solicitors (Second and Third Respondents) File Number(s): 2020/309385 Publication restriction: No