NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Chesher & Anor v Eurobodalla Shire Council (No 2) [2007] NSWLEC 21
APPLICANTS Peter Ronald Chesher PARTIES : Deborah Margaret Chesher RESPONDENT Eurobodalla Shire Council
FILE NUMBER(S) : 20982 of 2005
CORAM: Pain J
KEY ISSUES: Local Government approval :- whether application to discharge to council sewage treatment facilities should be approved having regard to public interest - what conditions can be imposed on a section 68 approval - consideration of environmental protection, protection of public health
Local Government Act 1993 s68, s89, Dictionary LEGISLATION CITED: Local Government (General) Regulation 2005 cl 31 Protection of the Environment Administration Act 1991
Chesher v Eurobodalla Shire Council (2006) 145 LGERA 300; CASES CITED: Council of Casino v Eljo Pty Ltd & Solo Waste Australia Pty Ltd (trading as Richmond Waste), (unreported, Supreme Court of New South Wales Court of Appeal, Mahoney ACJ, Clarke and Beazley JJA, 19 September 1996); Eljo Pty Ltd and Solo Waste Australia Pty v Casino Council 84 LGERA 373
DATES OF HEARING: 23/10/2006 (written submissions - Respondent) 03/11/2006 (written submissions in reply - Applicant)
DATE OF JUDGMENT: 6 February 2007
APPLICANTS Mr G Gleeson (solicitor) SOLICITOR LEGAL REPRESENTATIVES: Morton & Harris RESPONDENT Mr D Baird (solicitor) SOLICITOR Maddocks Lawyers
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