Rundle v Tweed Shire Council & Anor [1988] NSWLEC 108

Land and Environment Court of New South Wales

CITATION : Rundle v Tweed Shire Council & Anor [1988] NSWLEC 108 APPLICANT Dianne Rundle PARTIES :

RESPONDANT Tweed Shire Council and the Far North Coast County Council FILE NUMBER(S) : 40241 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act CASES CITED: DATES OF HEARING: 27/11/1987, 26/02/1988 DATE OF JUDGMENT: 02/26/1988

APPLICANT Slater and Gordon LEGAL REPRESENTATIVES: RESPONDENT Mr. Colquhoun

JUDGMENT:

JUDGMENT ON NOTICE OF MOTION

HIS HONOUR: This is a Notice of Motion seeking an order that the respondents, the Tweed Shire Council and the Far North Coast County Council, be restrained from continuing to carry out or permit the spraying of herbicide 2,4-D on a certain property at Burrell Creek in the north of the State pending the hearing of an application made by Dianne Rundle, which application has been specially fixed to commence on 30 March 1988, a period of approximately four weeks' time.

It appears that spraying of the herbicide has, up to some time in November last year, occurred in order to eradicate Groundsell Bush, a noxious weed. The Court made an ex parte order on 24 November last until 27 November, restraining the respondents from spraying the herbicide on the subject property. On 27 November, the Notice of Motion was returnable before the Chief Judge and by consent it appears that the order I had made on 24 November was continued in the form of undertakings given by the respondents not to spray, (those undertakings being current to 3l January 1988).