Gerondal v Eurobodalla Shire Council [2010] NSWLEC 1217

Land and Environment Court of New South Wales

CITATION : Gerondal v Eurobodalla Shire Council [2010] NSWLEC 1217

APPLICANT Monica Netta Gerondal PARTIES : RESPONDENT Eurobodalla Shire Council

FILE NUMBER(S) : 10929 of 2009

CORAM: Murrell C

KEY ISSUES: APPEAL :- Order to remove waste and material form site. Unauthorised use of land causing environmental harm.

LEGISLATION CITED: Protection of the Environment Operations Act 1997 Land and Environment Court Act 1979

DATES OF HEARING: 8 March 2010, 23 April 2010, 30 April 2010, Submissions 18 May 2010.

DATE OF JUDGMENT: 31 August 2010

APPLICANT Mrs M Gerondal (litigant in person)

LEGAL REPRESENTATIVES: RESPONDENT Mr A Warren (solicitor) SOLICITOR Andrew Warren Associates

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

31 August 2010

10929 of 2009 Monica Netta Gerondal v Eurobadalla Shire Council

JUDGMENT 1 The applicant in these proceedings, Mrs Gerondal, is appealing against a Prevention Notice issued by Eurobodalla Shire Council under section 96 of the Protection of the Environment Operations Act, 1997. The property is known as No. 19 Munjeroo Lane, Bingie, on the south coast near Moruya. 2 The subject site is Lot 1 in DP 806104 and is about 3 hectares in size. The land is relatively flat, in particular in the larger south east portion, where the contours are between 3 to 6 metres and gently undulating towards the northern portion between 6 and 10 metres. Figure 1 is an aerial photograph of the site and figure 2 shows the Bateman's Marine Park Sanctuary Zone and the location of the subject property. 3 By way of background, this matter commenced as a section 34 conciliation conference on site. However, no agreement could be reached between the parties, and they consented to me adjudicating the matter with a further hearing under section 34(4) of the Land and Environment Court Act.