The Council of the City of Shoalhaven v National Parks and Wildlife Service [2003] NSWLEC 88

> Reported Decision : 127 LGERA 280

Land and Environment Court of New South Wales

CITATION : The Council of the City of Shoalhaven v National Parks and Wildlife Service [2003] NSWLEC 88 revised - 4/12/2003 APPLICANT/ FIRST CROSS RESPONDENT The Council of the City of Shoalhaven

FIRST RESPONDENT The Director General, National Parks and Wildlife Service

SECOND RESPONDENT/ CROSS APPLICANT The Minister administering the National Parks and Wildlife Act 1974

THIRD RESPONDENT/ SECOND CROSS RESPONDENT PARTIES : The Estate of the late H. L. Halloran

FOURTH RESPONDENT/ THIRD CROSS RESPONDENT Irrayadda Pty Ltd

FIFTH RESPONDENT/ FOURTH CROSS RESPONDENT Warren Halloran

SIXTH RESPONDENT The Minister administering the Environmental Planning and Assessment Act 1979

FILE NUMBER(S) : 40152 of 2001; 30048 of 2002 CORAM: Cowdroy J KEY ISSUES: Compensation :- owner initiated acquisition - whether a council as owner of land can require acquisition of its lands reserved for national park - provision in local environmental plan requiring acquisition of land - whether appropriate acquiring authority nominated - delegation - alter ego principle - application to Minister constituted as corporation sole - whether an alternative claim lies against the Minister administering the Environmental Planning and Assessment Act 1979 for alleged failure to nominate appropriate authority - interest in fee simple of roads servicing the land Environmental Planning and Assessment Act 1979, s 26, s 27, s 34 Interpretation Act 1987, s 31 Jervis Bay Regional Environmental Plan 1996, cl 18(2) Land Acquisition (Just Terms Compensation) Act 1991, s 19, s 21 LEGISLATION CITED: Land and Environment Court Act 1979, s 20, s 24, s 25, Local Government Act 1906, s 99, s 100 Local Government Act 1919, s 232 National Parks and Wildlife Act 1974, s 7(1), s 21, s 31(1), s 33(4) s 145, s 146, s 150 Public Sector Employment and Management Act 2002, s 11, Sch 1 Roads Act 1993, s 9(1) Carltona Ltd v Commissioners of Work and Others [1943] 2 All ER 560; Dabbs v Seaman (1925) 36 CLR 538; CASES CITED: Guthega Development Pty Ltd v Minister administering the National Parks and Wildlife Act (NSW) 1974 (1986) 7 NSWLR 353; O'Reilly and Others v The Commissioners of the State Bank of Victoria and Others (1982-1983) 153 CLR 1; Sanderson and Another v Wollongong City Council (1998) 102 LGERA 1; Sterling, Re; Ex parte Esanda Ltd (1980) 30 ALR 77 14/04/2003 DATES OF HEARING: 15/04/2003 06/05/2003 DATE OF JUDGMENT: 07/18/2003