Sumar Produce Pty Ltd v Griffith City Council [2000] NSWLEC 27

Land and Environment Court of New South Wales

CITATION : Sumar Produce Pty Ltd v Griffith City Council [2000] NSWLEC 27 APPLICANT: Sumar Produce Pty Ltd PARTIES : RESPONDENT: Griffith City Council FILE NUMBER(S) : 10705 of 1999; 11121 of 1999 CORAM: Talbot J KEY ISSUES: Question of Law :- statutory construction - power to vary noise control notice after appeal - power to vary noise control notice on appeal - power of delegation to council officer Land and Environment Court Act 1979 s 39 LEGISLATION CITED: Local Government Act 1993 s 337 Protection of the Environment Operations Act 1997 s 264, s 265, s 266. s 267 CASES CITED: DATES OF HEARING: 08/02/2000 DATE OF JUDGMENT: 02/15/2000

APPLICANT: Mrs J Kelly (Barrister) SOLICITORS: Commins Hendricks LEGAL REPRESENTATIVES: RESPONDENT: Mr A Hawkes (Solicitor) SOLICITORS: Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND Matter No. 10705 of 1999 ENVIRONMENT COURT And: 11121 of 1999 OF NEW SOUTH WALES Coram: Talbot J Decision Date: 15 February, 2000

Sumar Produce Pty Ltd Applicant v Griffith City Council Respondent

REASONS FOR JUDGMENT

1. These two proceedings relate to an appeal against the respondent council's noise control notice first issued on 1 September 1999 and varied by a further notice on 29 November 1999. Each notice is the subject of a separate appeal.