Zizza v Minister Administering the Water Management Act 2000 [2014] NSWLEC 1017

Land and Environment Court New South Wales

Medium Neutral Citation: Zizza v Minister Administering the Water Management Act 2000 [2014] NSWLEC 1017 Hearing dates: 27-28 November 2013 Decision date: 05 February 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. Appeal 10388 of 2012 allowed. 2. Pursuant to s 39(2) of the Land and Environment Court Act 1979, in exercise of the functions and discretions of the Minister administering the Water Management Act 2000 ("the Act") the Court directs the applicant to take the specified measures set out in the attached Direction, "Annexure A", to decommission the dam. 3. Appeal 10536 of 2013 is dismissed. 4. The exhibits, other than exhibits 6, 8 and E, are returned. Catchwords: APPEAL: Direction to remove unlawful water management works; application for approval of water supply works. Legislation Cited: Land and Environment Court Act 1979 Water Management Act 2000 Protection of the Environment Operations Act 1997 Cases Cited: Chamwell v Strathfield Council (2007) 151 LGERA 400 Zizza v Minister Administering the Water Management Act 2000 [2013] NSWLEC 1095 Category: Principal judgment Parties: Mr Anthony Samuel Zizza (Applicant) The Minister Administering the Water Management Act 2000 (Respondent) Representation: Mr Andrew Pickles, Barrister (Applicant) Mr Chris Norton, Barrister (Respondent) LAS Lawyers and Consultants (Applicant) NSW Department of Trade and Investment (Respondent) File Number(s): 10388 of 2012 and 10536 of 2013