Walfertan Processors Pty Limited v Upper Hunter Shire Council & Ors (No 4) [2010] NSWLEC 108

Land and Environment Court of New South Wales

CITATION : Walfertan Processors Pty Limited v Upper Hunter Shire Council & Ors (No 4) [2010] NSWLEC 108

APPLICANT Walfertan Processors Pty Limited FIRST RESPONDENT PARTIES : Upper Hunter Shire Council SECOND RESPONDENTS (APPELLANTS) Darley Australia Pty Ltd William John Bourke

FILE NUMBER(S) : 11319 of 2008

CORAM: Pain J

KEY ISSUES: APPEAL :- section 56A appeal of commissioners' decision in class 1 proceedings - whether commissioners erred in considering environmental impacts of alterations and additions to existing effluent disposal system from tannery to determine if not designated development by virtue of cl 35 Sch 3 of EP&A Regulation - whether failure to consider intensification of existing use provisions of EP&A Act in relation to tannery - whether errors of fact can be raised as questions of law - whether issue not referred to in judgment gave rise to failure in consideration of cl 35 - whether findings of fact concerning development consents gave rise to error of law in application of cl 35 - whether commissioners should have held development was designated - whether commissioners took into account irrelevant matters - whether commissioners acted irrationally - whether absence of reference to an issue of lawful commencement in judgment was a failure to give reasons - whether failure to give reasons for findings in judgment

Aboriginal Land Rights Act 1983 Environmental Planning and Assessment Act 1979 s 106, 107, 109(2) Environmental Planning and Assessment Regulation 2000 cl 35 Pt 2 Sch 3 Income Tax Assessment Act 1936 (Cth) LEGISLATION CITED: Land and Environment Court Act 1979 s 56A, 57 Local Government Act 1919 Protection of the Environment Operations Act 1997 Shire of Scone Interim Development Order No 1 State Environmental Planning Policy No 62 cl 4 Sch 1