NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Queanbeyan-Palerang Regional Council v Walker [2023] NSWLEC 146 Hearing dates: 15 November 2023 Date of orders: 21 December 2023 Decision date: 21 December 2023 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraph 43 Catchwords: CIVIL ENFORCEMENT – s 4.2 of the Environmental Planning and Assessment Act 1979 (NSW) – where respondents carried out earthworks, erection of a building and driveway works without consent – orders made requiring demolition of works and restoration of land – s 23 of the Land and Environment Court Act 1979 (NSW) – r 40.8 of the Uniform Civil Procedure Rules – orders made permitting the Council to carry out works if respondents fail to comply with orders Legislation Cited: Biodiversity Conservation Act 2016 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) Protection of the Environment Operations Act 1997 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Walker v Queanbeyan-Palerang Regional Council [2023] NSWLEC 1032 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Queanbeyan-Palerang Regional Council (Applicant) Jarron Walker (First Respondent) Leah Walker (Second Respondent) Representation: Counsel: S Berveling (Applicant) No appearance (Respondents)
Solicitors: Bal Lawyers (Applicant) No appearance (Respondents) File Number(s): 2023/00054792 Publication restriction: No
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