Eurobodalla Fluoride Issues Inc v Eurobodalla Shire Council [2014] NSWLEC 182

Land and Environment Court New South Wales

Medium Neutral Citation: Eurobodalla Fluoride Issues Inc v Eurobodalla Shire Council [2014] NSWLEC 182 Hearing dates: 25-27 February 2013, 9-10 April 2013 Decision date: 28 November 2014 Jurisdiction: Class 4 Before: Craig J Decision: (1)The Applicant's amended summons is dismissed. (2)Costs are reserved. (3)Exhibits may be returned. Catchwords: ADMINISTRATIVE LAW - judicial review proceedings - whether the Council's decision to install and operate a fluoride dosing facility was valid - whether the Council's failure to obtain and consider an environmental impact statement amounted to a breach of s 112 of the Environmental Planning and Assessment Act 1979 - whether fluoridation of water supply likely to significantly affect the environment in terms of risks to human health - whether installation of the fluoride dosing facility involved the construction or extension of a "water treatment works" - whether approval of the Minister for Land and Water Conservation was required by s 60 of the Local Government Act 1993 - ss 110E, 111 and 112 of the Environmental Planning and Assessment Act 1979 - ss 6, 6A and 6B of the Fluoridation of Public Water Supplies Act 1957 Legislation Cited: Code of Practice for the Fluoridation of Public Water Supplies (2002) (NSW) Dangerous Goods Act 1975 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Eurobodalla Rural Local Environmental Plan 1987 (NSW) Fluoridation of Public Water Supplies Act 1957 (NSW) Fluoridation of Public Water Supplies Regulation 2007 (NSW) Fluoridation of Public Water Supplies Code of Practice (2011) (NSW) Health Administration Act 1982 (NSW) Interpretation Act 1987 (NSW) Local Government Act 1993 (NSW) Occupational Health and Safety Act 2000 (NSW) Protection of the Environment Operations Act 1997 (NSW) State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Fullerton Cove Residents Action Group Inc v Dart Energy Ltd (No 2) [2013] NSWLEC 38; 195 LGERA 229 Guthega Development Pty Ltd v Minister Administering the National Parks and Wildlife Act 1974 (1986) 7 NSWLR 353 Notaras v Waverley Council [2007] NSWCA 333; 161 LGERA 230 Oshlack v Rous Water [2011] NSWLEC 73; 184 LGERA 365 Oshlack v Rous Water [2013] NSWCA 169; 194 LGERA 39 Oshlack v Rous Water (No 2) [2012] NSWLEC 111; 189 LGERA 243 Parks and Playgrounds Movement Inc v Newcastle City Council [2010] NSWLEC 231; 179 LGERA 346 Schroeders Australia Property Management Limited v Shoalhaven City Council [2001] NSWCA 74 Category: Principal judgment Parties: Eurobodalla Fluoride Issues Inc (Applicant) Eurobodalla Shire Council (Respondent) Representation: J L Doyle with I King (Applicant) A E Galasso SC with B K Koch (Respondent) Sparke Helmore Lawyers (Applicant) O'Brien Solicitors (Respondent) File Number(s): 41030 of 2011