Imaroo Flyer Pty Ltd v Berrigan Shire Council [2010] NSWLEC 1251

Land and Environment Court of New South Wales

CITATION : Imaroo Flyer Pty Ltd v Berrigan Shire Council [2010] NSWLEC 1251

APPLICANT Imaroo Flyer Pty Ltd PARTIES : RESPONDENT Berrigan Shire Council

FILE NUMBER(S) : 10051 of 2010

CORAM: Dixon C

KEY ISSUES: SECTION 121B ORDER :-

Environmental Planning and Assessment Act 1979 Local Government Act 1993 Road Transport (Vehicle Registration) Act 1997 LEGISLATION CITED: Road Transport (Vehicle Registration) Regulation 2007 Local Government (Manufactured Homes Estates, Caravan, Camping grounds and Moveable Dwellings) Regulation 2005 Berrigan Local Environmental Plan 1992 Murray Regional Environmental Plan No 2 – Riverine Land

CASES CITED: Commonwealth v Baume [1905] 2 CLR 405

DATES OF HEARING: 26 May 2010

DATE OF JUDGMENT: 10 September 2010

APPLICANT Mr B G Halliday SOLICITOR B G Halliday Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr M S Rogers SOLICITOR Kell Moore Solicitors

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Dixon C

10 September 2010

10051 of 2010 Iramoo Flyer Pty Ltd ACN 005 872 382 v Berrigan Shire Council

JUDGMENT 1 This is an appeal pursuant to section 121ZK of the Environmental Planning and Assessment Act 1979 (EPA Act) against an order under section 121B of the EPA Act issued by Berrigan Shire Council on 11 January, 2010 to the applicant, Iramoo Flyer Pty Ltd, in relation to its land at Lot 21 in Deposited Plan 1109568, Lower River Road, Tocumwal, requiring it to comply with the following: "To restore the Premises to the condition in which it was prior to work being unlawfully carried out. Specifically, you are ordered to remove the two structures identified in the photographs annexed to this order and labelled Annexure A and located generally in accordance with the site plan annexed to this order and labelled Annexure B being: