Botany Bay City Council v Remath Investments (No 6) Pty Ltd [1998] NSWCA 43

Botany Bay City Council v Remath Investments (No 6) Pty Ltd SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MEAGHER JA, STEIN JA and FITZGERALD AJA 16, 23 December 1998

[1998] NSWCA 43

Environmental Impact Statement — remediation development application and consent — construction application and consent — vibration — Regulations 51(4), 52 and 63 of the Environmental Planning and Assessment Regulation 1994 — s91AB of the Environmental Plamnning and Assessment Act 1979.

Meagher JA. I agree with Fitzgerald AJA. Stein JA. I agree with Fitzgerald AJA.

Fitzgerald AJA. Botany Bay City Council has appealed against orders made by the Land and Environment Court in two proceedings, numbered 10465 and 10466 of 1997, instituted in that Court by Remath Investments (No 6) Pty Ltd In the first proceeding, the Court granted a consent (the 'remediation consent') on Development Application No.97/0719 (the 'remediation development application') for the demolition of a building and remediation of contaminated land, subject tospecified conditions. In the second proceeding, the Court granted a consent (the 'construction consent') on Development Application No.97/0718 (the 'construction application') for the construction of a container terminal, warehouse and distribution centre, subject to specified conditions. The Council seeks to have the Land and Environment Court's orders set aside, and the proceedings remitted to that Court for redetermination in accordance with this Court's decision.

The grounds of the Council's appeal, which is limited to questions of law,! are:

Remediation consent ...

1. In respect of the Director General's requirements dated 3 April 1997 pursuant to clause 52 of the Environmental Planning and Assessment Regulations requiring the Respondent in completing the environmental impact statement (EIS) to specifically address in that EIS: