Hill Top Residents Action Group Inc v Minister Administering the Sporting Venues Authorities Act 2008 (No 4) [2011] NSWLEC 6

Land and Environment Court New South Wales

Medium Neutral Citation: Hill Top Residents Action Group Inc v Minister Administering the Sporting Venues Authorities Act 2008 (No 4) [2011] NSWLEC 6 Hearing dates: 7 February 2011 Decision date: 07 February 2011 Before: Pepper J Decision: Consistent with the reasoning above, the Court: (1) declares that between about 15 October 2010 and 18 October 2010 the Respondent, in breach of s 75D(2) of the EPAA carried out development on Lot 100 Deposited Plan 1088254 at Wattle Ridge Road, Hill Top, New South Wales, that was a project to which Pt 3A of that Act applied, namely, the clearing of land without the approval of the Minister of Planning given under that Part; (2) declares that between 24 October 2010 and 27 October 2010 the Respondent, in breach of s 75D(2) of the EPAA carried out development on Lot 100 Deposited Plan 1088254 at Wattle Ridge Road, Hill Top, New South Wales, that was a project to which Pt 3A of that Act applied, namely, the clearing of land without the approval of the Minister of Planning given under that Part; and (3) otherwise dismisses the proceedings. Catchwords: INJUNCTIONS AND DECLARATIONS - whether consent declarations ought to be made only for past unlawful clearing - no continuing or future breach - whether there is utility in making the declarations sought - declarations made Legislation Cited: Environmental Planning and Assessment Act 1979 s 75D(2) Cases Cited: Gedeon v NSW Crime Commission [2008] HCA 43; (2008) 236 CLR 120 Great Lakes Council v Lani [2007] NSWLEC 681; (2007) 158 LGERA 1 Hill Top Residents Action Group Inc v Minister Administering the Sporting Venues Authorities Act 2008 [2010] NSWLEC 210 Hill Top Residents Action Group Inc v Minister Administering the Sporting Venues Authorities Act 2008 (No 2) [2010] NSWLEC 219 Hill Top Residents Action Group Inc v Minister Administering the Sporting Venues Authorities Act 2008 (No 3) [2010] NSWLEC 221 Humane Society v Kyodo Senpaku [2006] FCAFC 116; (2006) 154 FCR 425 Category: Principal judgment Parties: Hill Top Residents Action Group Inc (Applicant) Minister Administering the Sporting Venues Authorities Act 2008 (Respondent) Representation: Mr J Lazarus (Applicant) Mr M Hall (Respondent) Pikes Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 40839 of 2010