Zizza v Minister Administering the Water Management Act [2014] NSWLEC 170

Land and Environment Court New South Wales

Medium Neutral Citation: Zizza v Minister Administering the Water Management Act [2014] NSWLEC 170 Hearing dates: 20-21, 25 August 2014 Decision date: 28 October 2014 Jurisdiction: Class 1 Before: Pain J Decision: See paragraph 144 Catchwords: APPEAL - section 56A appeals on questions of law concerning application of the Water Management Act to existing and proposed water supply work - whether water supply work excluded from requirement to obtain approval - whether in-stream dam impounding water also extracting water from stream Legislation Cited: Environmental Planning and Assessment Act 1979 s 121B Interpretation Act 1987 s 34, s 35 Land and Environment Court Act 1979 s 56A Land and Environment Court Rules 2007 Protection of the Environment (Operations) Act 1991 s 96 Uniform Civil Procedure Rules 2005 r 50.11 Water Management Act 2000 s 2, s 3, s 20, s 52, s 53, s 54, s 56, s 89, s 90, s 91B, s 91M, s 327, s 328, s329, s 368, s 329 Water Management (General) Regulation 2011 cl 3, cl 34, cl 36, Sch 1 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Harris v Harrison [2014] NSWCCA 84; (2014) 201 LGERA 277 Hope v Bathurst City Council (1980) 144 CLR 1 Hurstville City Council v Minister for Planning and Infrastructure [2012] NSWLEC 134; (2012) 189 LGERA 269 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 SAS Trustee Corporation v Woollard [2014] NSWCA 75 Vetter v Lake Macquarie City Council [2001] HCA 12; (2001) 202 CLR 439 Zizza v Minister Administering the Water Management Act 2000 [2013] NSWLEC 1095 Zizza v Minister Administering the Water Management Act 2000 [2014] NSWLEC 1017 Category: Principal judgment Parties: Zizza, Anthony Samuel (Appellant) Minister Administering the Water Management Act (Respondent) Representation: Mr A Pickles with Ms N Hammond (Appellant) Mr C Norton (Respondent) MAS Lawyers (Appellant) NSW Department Trade and Investment (Respondent) File Number(s): 10119 of 2014; 10120 of 2014 Decision under appeal Before: O'Neill C File Number(s): 10388 of 2012 and 10536 of 2013