Barker v Water Administration Ministerial Corporation of NSW [2012] NSWLEC 1039

Land and Environment Court New South Wales

Medium Neutral Citation: Barker v Water Administration Ministerial Corporation of NSW [2012] NSWLEC 1039 Hearing dates: 23 February 2012 Decision date: 23 February 2012 Jurisdiction: Class 3 Before: Hussey C Decision: (1)The appeal is upheld. (2)The direction issued by the Respondent to the Applicant under s 180D of the Water Act 1912 is set aside. (3)The Applicant is directed under s 180D of the Water Act 1912 to carry out the following works on land described as Lot B of Deposited Plan 374154 Curlewis NSW, otherwise known as "Boonery Park" (" the Land "). (a)carry out the works specified in the Schedule below by 9 April 2012; (b)at the shared cost of the Applicant and the Respondent, obtain and provide to the Respondent a survey of the Embankment by a registered surveyor by 11 May 2012 demonstrating that the height of the Embankment satisfied the requirements of the Schedule; (c)on an ongoing basis, subsequent to the establishment of vegetation on the Embankment, ensure that herbicides do not drift into the vegetation on the Embankment; and (d)on an ongoing basis, prevent stock from grazing on the Embankment if the Embankment becomes wet or when feed volume on the Embankment is low. (4)No order as to costs. Catchwords: Consent Orders: Direction to undertake work to return land to natural ground levels. Legislation Cited: Water Act 1912 Category: Principal judgment Parties: Mr G Barker (Applicant)

Water Administration Ministerial Corporation (Respondent) Representation: Mr A M Pickles (Applicant)