NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Diamond v Minister for Planning New South Wales and Another (No 2) [2004] NSWLEC 254 APPLICANT Neville Diamond FIRST RESPONDENT PARTIES : Minister for Planning New South Wales
SECOND RESPONDENT Dixon Sand (Penrith) Pty Ltd FILE NUMBER(S) : 10206 of 2003 CORAM: Talbot J KEY ISSUES: Designated Development :- whether consent authority capable of adequate supervision - has there been a total system failure to monitor sand mining development - disruptive motives and integrity of objector applicant taken into account - allegations of fraud and misconduct not properly particularised Environmental Planning and Assessment Act 1979 s 4, s 76A(7), s 79(5), s 94 Protection of the Environment Operations Act 1997 Water Act 1912 LEGISLATION CITED: Water Management Act 2000 Environment Planning and Assessment Regulation 2000 Sch 3 Development Control Plan No 500 - Extractive Industries Sydney Regional Environmental Plan No 9 - Extractive Industries CASES CITED: DATES OF HEARING: 02/03/2004 (Site Inspection), 03/03/2004, 04/03/2004, 05/03/2004, 08/03/2004, 09/03/2004, 10/03/2004, 12/03/2004, 22/03/2004, 23/03/2004 DATE OF JUDGMENT: 05/24/2004
APPLICANT In Person SOLICITORS NA FIRST RESPONDENT Mr M J Leeming (Barrister) LEGAL REPRESENTATIVES: SOLICITORS Department of Infrastructure, Planning and Natural Resources
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