NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Anderson v Ballina Shire Council [2006] NSWLEC 76
APPLICANTS PARTIES : Douglas Anderson and Susan Anderson on behalf of Numbahjing Clan within the Bundjalung Nation RESPONDENT Ballina Shire Council
FILE NUMBER(S) : 41067 of 2005
CORAM: Cowdroy J
KEY ISSUES: Judicial Review :- development consent for cycleway in coastal reserve - whether species impact statement was required - whether applicants were owed a duty of procedural fairness - whether development inconsistent with objectives of zoning - whether Council considered cultural heritage in making its decision - adequacy of consideration of cultural heritage
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) s 9, s 10 Ballina Local Environmental Plan 1987 Environmental Planning and Assessment Act 1979 s 5A, s 78A(8)(b), s 79C, s 111 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 cl 92, cl 228 National Parks and Wildlife Act 1974 s 84, s 86, s 90 Native Title Act 1993 (Cth) s 24KA Threatened Species Conservation Act 1995 Sch 3
Country Energy v Williams (2005) 141 LGERA 426; CASES CITED: Minister for Aboriginal Affairs and Anor v Peko-Wallsend Limited and Ors (1986) 162 CLR 24; Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273; Weal v Bathurst City Council and Anor (2000) 111 LGERA 181
DATES OF HEARING: 09/11/2005, 10/11/2005, 11/11/2005, 05/12/2005, 06/12/2005, 08/02/2006
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate