Rural Funds Management Limited v The Minister Administering the Water Management Act 2000 [2016] NSWLEC 19

Land and Environment Court New South Wales

Medium Neutral Citation: Rural Funds Management Limited v The Minister Administering the Water Management Act 2000 [2016] NSWLEC 19 Hearing dates: 3, 17, 18 December 2015; written submissions 29 January 2016; 2 and 9 March 2016 Date of orders: 18 March 2016 Decision date: 18 March 2016 Jurisdiction: Class 1 Before: Moore J Decision: At [57] Catchwords: INTERPRETATION – separate question - time for commencement of appeal Legislation Cited: Civil Procedure Act 2005 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 Water Management Act 2000 Cases Cited: Birdon Contracting Pty ltd v Hawkesbury City Council [2009] NSWLEC 85 Category: Procedural and other rulings Parties: Rural Funds Management Limited (Applicant) The Minister Administering the Water Management Act 2000 (First Respondent) Rosella Sub TC Pty Limited (Second Respondent) Representation: Counsel: Mr R Beasley SC/Ms A Knox (Appellant) Mr J Hutton/Ms R Mansted (First Respondent) Mr A Leopold SC/Mr C Colquhoun (Second Respondent)

Solicitors: Sparke Helmore (Appellant) Office of Water (First Respondent) Johnston Winter & Slattery (Second Respondent) File Number(s): 11114 of 2015 Publication restriction: No.

TABLE OF CONTENTS Judgment Introduction The competing positions of the parties The statutory framework The Department's process for approval Notifying objections The right of objection appeal Matters potentially arising from the approval process The running of time – the facts Is the appeal in time? No express power to extend time Running of time – commencement Conclusion Orders