NSW Caselaw
Land and Environment Court of New South Wales
CITATION : CLAYMIN PTY LIMITED v. MULWAREE SHIRE COUNCIL [1998] NSWLEC 163 (21 July 1998) [1998] NSWLEC 49 PARTIES : CLAYMIN PTY LIMITED v. MULWAREE SHIRE COUNCIL [1998] NSWLEC 163 (21 July 1998) FILE NUMBER(S) : 10258 of 1998 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: SEPP 37 in Vaughan-Taylor v David Mitchell-Melcann Pty Ltd (1991) 25 NSWLR 580; Nymboida S.C. v Skar Industries Pty Ltd & Anor unreported No 40101 of 1996 ; Helman v Byron S.C. (1995) 87 LGERA 349; CASES CITED: (Minister for Immigration Local Government and Ethnic Affairs v Kurtovic (1990) 92 ALR 93 at 112; in Brickworks Ltd v Warringah Corporation (1963) 108 CLR 568 at 577 ; North Sydney M.C. v Lycenko & Associates Pty Ltd (1988) 67 LGRA 247 ; and CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 DATES OF HEARING: 10 July 1998 DATE OF JUDGMENT: 07/21/1998
Mr J B Maston (Barrister) LEGAL REPRESENTATIVES: Mr C R Ireland (Solicitor)
JUDGMENT:
Following the decision by the Court of Appeal in Vaughan-Taylor v David Mitchell-Melcann Pty Ltd (1991) 25 NSWLR 580, SEPP 37 was introduced to facilitate the continued operation of existing mines and extractive industries without the necessity for development consent during a moratorium period (c.f. Nymboida S.C. v Skar Industries Pty Ltd & Anor unreported No 40101 of 1996 Pearlman J 7 March 1997).
When SEPP 37 commenced on 18 June 1993, the applicant was using an area of 16.188ha at Marulan for the purpose of mining clay by open cut.
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