NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gerroa Environment Protection Society Inc v Minister for Planning and Cleary Bros (Bombo) Pty Ltd [2008] NSWLEC 173
APPLICANT Gerroa Environment Protection Society Inc
PARTIES : FIRST RESPONDENT Minister for Planning
SECOND RESPONDENT Cleary Bros (Bombo) Pty Ltd
FILE NUMBER(S) : 10801 of 2007
CORAM: Preston CJ
KEY ISSUES: Appeal :- objector appeal against approval of Minister under Part 3A of the Environmental Planning and Assessment Act 1979 - sand quarry - clearing of and other impacts on endangered ecological communities - proposed offsets of conservation areas of other endangered ecological communities and compensatory plantings - offsets far larger than vegetation to be cleared - voluntary planning agreement requiring conservation in perpetuity and registration on title
Environmental Planning and Assessment Act 1979 Pt 3A, s 75 J, s 75L, s 75R, s 93F LEGISLATION CITED: Land and Environment Court Act 1979 s 39 Real Property Act 1900 Threatened Species Conservation Act 1995 Pt 7A
DATES OF HEARING: 20, 21, 22, 25, 26 February 2008 and 3, 4, 7 and 10 March 2008
DATE OF JUDGMENT: 16 May 2008
APPLICANT Mr P Larkin (barrister) SOLICITORS Environmental Defenders' Office
FIRST RESPONDENT LEGAL REPRESENTATIVES: Ms S Duggan (barrister) SOLICITORS Department of Planning SECOND RESPONDENT Mr J Webster SC SOLICITORS Sparke Helmore
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