Port Stephens Pearls Pty Limited v Minister for Infrastructure and Planning [2005] NSWLEC 426

Land and Environment Court of New South Wales

CITATION : Port Stephens Pearls Pty Limited v Minister for Infrastructure and Planning [2005] NSWLEC 426

APPLICANT Port Stephens Pearls Pty Limited PARTIES : RESPONDENT Minister for Infrastructure and Planning

FILE NUMBER(S) : 10182 of 2005

CORAM: Talbot J

KEY ISSUES: Development Application :- application of precautionary principle - assessment of evidence from objectors balanced against expert evidence - regulatory conditions in respect of residual risks.

Environmental Planning and Assessment Act 1979 s 76A(7)(b), 79C(1)(e), s 91 s 119(1)(b) Fisheries Management Act 1994 s 144, s 179 Marine Parks Act 1997 Environmental Planning and Assessment Regulation 2000 cl 3(1)(c) State Environmental Planning Policy No. 14 - Coastal Wetlands; LEGISLATION CITED: State Environmental Planning Policy No. 44 - Koala Habitat Protection; State Environmental Planning Policy No. 71 Coastal Development; Port Stephens Local Environmental Plan 2000 Hunter Regional Environmental Plan;

BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; Carstens v Pittwater Council (1999) 111 LGERA 1 ; CASES CITED: Nicholls v Director General of National Parks and Wildlife Service (1994) 84 LGERA 397 ; Tuna Boat Owners Association of SA Inc v Development Assessment Commission and Another (2000) 110 LGERA 1