McCallum v Sandercock [2011] NSWLEC 175

Land and Environment Court New South Wales

Medium Neutral Citation: McCallum v Sandercock [2011] NSWLEC 175 Hearing dates: 13, 14 and 15 December 2010 Decision date: 07 October 2011 Jurisdiction: Class 4 Before: Pepper J Decision: The Court makes the following orders: 1. within seven days the parties are directed to bring in short minutes of order giving effect to the reasons contained in this judgment; 2. the costs of the proceedings are reserved. The proceedings are stood over to a date to be fixed within seven days to determine any disputed questions of costs; and 3. liberty to apply generally on two days notice. Catchwords: CIVIL ENFORCEMENT: proceedings for orders to restrain or remedy breaches of an environmental statute - owner of private land adjoining private quarry - whether noise, air and water pollution established - whether pollution had breached legislation or would breach legislation in the future - past and anticipated future breach established - whether appropriate to restrain or remedy breach - no order made restraining breach - orders made to mitigate future breach - factors influencing the exercise of the Court's discretion not to grant relief. Legislation Cited: Protection of the Environment Operations Act 1997 ss 116, 120, 124, 126, 139, 140, 252, 253 Cases Cited: Blue Mountains Conservation Society Inc v Delta Electricity (No 3) [2011] NSWLEC 145

Director-General, Department of Environment, Climate Change and Water v Venn [2011] NSWLEC 118

Meriton Apartments Pty Ltd v Sydney Water Corporation [2004] NSWLEC 699; (2004) 138 LGERA 383 Category: Principal judgment Parties: Beryl A McCallum (Applicant) Raymond J Sandercock (First Respondent) Wendy Sandercock (Second Respondent) Representation: Mr F G Kalyk (Applicant) Ms F J Berglund (First and Second Respondents) Hynes & McCormack (Applicant) Russell J Baxter (First and Second Respondents) File Number(s): 40042 of 2010