Beston Park Management Pty Ltd v Snowy Monaro Regional Council [2016] NSWLEC 1513

Land and Environment Court New South Wales

Medium Neutral Citation: Beston Park Management Pty Ltd v Snowy Monaro Regional Council [2016] NSWLEC 1513 Hearing dates: Conciliation conference on 6 October 2016 Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction: Class 1 Before: Dickson C Decision: See [5] below Catchwords: APPEAL AGAINST DIRECTION: to take preventative action - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Protection of the Environment Operations Act 1997 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Beston Park Management Pty Ltd (Applicant) Snowy Monaro Regional Council (Respondent) Representation: Solicitors: Mr S Griffiths, Pikes & Verekers Lawyers (Applicant) Mr A Bradbury, Bradley Allen Love Lawyers (Respondent) File Number(s): 2016/00203016 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal, under s289 of the Protection of the Environment Operations Act 1997, against the direction to take preventative action served on Beston Park Management Pty Ltd by Snowy Mountains Regional Council on 17 June 2016. The direction detailed action the applicant was required to undertake, and an associated timetable, in relation to the disposal of sewerage and waste water. 2. In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to "dispose of the proceedings in accordance with the decision". 3. The Court Act also required me to "set out in writing the terms of the decision" (s 34(3)(b)). The orders made to give effect to the agreement constitute that document. 4. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties. 5. The final orders to give effect to the parties' agreement are: 1. The appeal is upheld. 2. The Direction to take Preventative Action issued by Snowy Monaro Regional Council to the Applicant on 10 June 2016 in relation to the discharge of sewerage and waste water from Lot 100 DP47985 is substituted with the Direction to take Preventative Action in Annexure A to this order. ……………. D M Dickson Commissioner of the Court 203016.16 - Annexure A (21.0 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 03 November 2016