Country Energy v Williams; Williams v Director-General National Parks and Wildlife [2005] NSWCA 318

Reported Decision : 141 LGERA 426 63 NSWLR 699

New South Wales Court of Appeal

CITATION: Country Energy v Williams; Williams v Director-General National Parks and Wildlife [2005] NSWCA 318

HEARING DATE(S): 22-24 August 2005

JUDGMENT DATE: 15 September 2005

JUDGMENT OF: Spigelman CJ at 1; Giles JA at 2; Basten JA at 10

DECISION: In Country Energy v Williams; 1. Appeal allowed; 2. Set aside that declaration and orders made by the Land and Environment Court on 5 November 2004 and in lieu thereof order that the Application be dismissed; 3. First respondent pay the appellant's costs and have a certificate under the Suitors Fund Act if otherwise qualified; In Williams v Director-General National Parks and Wildlife; 1. Appeal dismissed; 2. Appellant pay the second, third and fourth respondents' costs.

CATCHWORDS: ADMINISTRATIVE LAW - consent under 90 of the National Parks and Wildlife Act 1974 - permit under s87 of that Act - validity of permit and consent to disturb and relocate Aboriginal objects - validity of permit and consent to destroy Aboriginal objects, the existence of which is not yet known - whether procedural fairness accorded to interested party in relation to survey and assessment of Aboriginal significance of proposed development site - whether there was a legitimate expectation that interested party would be included in survey - whether interested party given an adequate opportunity to assess the significance of any Aboriginal objects

National Parks and Wildlife Act 1974 National Parks and Wildlife Act 1967 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Protection of the Environment Administration Act 1991 (NSW) LEGISLATION CITED: World Heritage Properties Conservation Act 1983 (Cth) Archaeological and Aboriginal Relics Preservation Act 1972 (Vic) Aboriginal Land Rights Act 1983 (NSW) Native Title Act 1993 (Cth)