NSW Caselaw
> Land and Environment Court of New South Wales
CITATION : Cantarella Bros Pty Ltd v City of Ryde Council [2003] NSWLEC 388 PARTIES : Cantarella Bros Pty Ltd (Appl) City of Ryde Council (Resp) FILE NUMBER(S) : 10905 of 2003 CORAM: McClellan CJ Environmental Offences :- Environment protection notice Prevention notice Validity of notice issued KEY ISSUES: Notice directing preparation of odour impact assessment report Whether s 96 Protection of the Environment Operations Act 1997 allows for a notice requiring person to disclose information as to current environmental performance of premises Ambiguity as to date of operation and time when action required by notice Whether council may vary notice once appeal lodged LEGISLATION CITED: Protection of the Environment Operations Act 1997 CASES CITED: DATES OF HEARING: 10 November 2003 EX TEMPORE JUDGMENT DATE : 11/10/2003
W O'Rourke (Appl) Deacons (Sol - Appl)
LEGAL REPRESENTATIVES: A Hawkes (Resp) Pike Pike & Fenwick (Sol - Resp)
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10905/03
McCLELLAN J
MONDAY 10 NOVEMBER 2003 CANTARELLA BROS PTY LIMITED Applicant v RYDE CITY COUNCIL Respondent Judgment
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