TRANSPORT ACTION GROUP AGAINST MOTORWAYS INC v ROADS & TRAFFIC AUTHORITY & ANOR [1999] NSWCA 196

Reported Decision : 46 NSWLR 598 104 LGERA 133

New South Wales Court of Appeal CITATION : TRANSPORT ACTION GROUP AGAINST MOTORWAYS INC v ROADS & TRAFFIC AUTHORITY & ANOR [1999] NSWCA 196 FILE NUMBER(S) : CA 41068/98 HEARING DATE(S) : 23 February 1999 JUDGMENT DATE : 18 June 1999

PARTIES : TRANSPORT ACTION GROUP AGAINST MOTORWAYS INC v ROADS & TRAFFIC AUTHORITY & ANOR JUDGMENT OF : Mason P at 1; Sheller JA at 153; Fitzgerald JA at 171

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT FILE NUMBER(S) : LEC 40006/98 LOWER COURT JUDICIAL OFFICER : Bignold J

P W Larkin / M Green (Appellant) COUNSEL : N C Hutley SC / B J Preston (First Respondent) B W Walker SC / A Galasso (Second Respondent) Environmental Defender's Office (Appellant) SOLICITORS : Freehill Hollingdale & Page (First Respondent) Department of Urban Affairs & Planning (Second Respondent) CATCHWORDS : ENVIRONMENTAL LAW - Statutory protection - Motorway construction - Validity of decisions of determining authorities in contravention of Part 5 of Environmental Planning and Assessment Act 1979 - Duty to consider environmental impact of "activities" - Meaning and scope of "modification" - Requirement of further environmental impact statement - Principles of natural justice and procedural fairness - Requirement of specificity and finality ACTS CITED : Environmental Planning and Assessment Act 1979 DECISION : Appeal dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41068/98 LEC 40006/98

MASON P SHELLER JA FITZGERALD JA

Friday 18 June 1999 TRANSPORT ACTION GROUP AGAINST MOTORWAYS INC v ROADS & TRAFFIC AUTHORITY & ANOR