O'Brien v Newton [2017] NSWLEC 1073

Land and Environment Court New South Wales

Medium Neutral Citation: O'Brien v Newton [2017] NSWLEC 1073 Hearing dates: 1, 2, 3 June, 17, 18 August and 26 August 2016, 8 and 14 December 2016 Date of orders: 08 March 2017 Decision date: 21 February 2017 Jurisdiction: Class 8 Before: Dixon C Decision: 1. The appeal is dismissed 2. The exhibits are returned Catchwords: MINING – access management agreement for small scale title in Lightning Ridge – Part 10A MINING ACT 1992 - Legislation Cited: Land and Environment Court 1979 Mining Act 1992 Category: Principal judgment Parties: Maxine Anne O'Brien (Applicant) Wayne Stuart Newton (Respondent) Representation: Counsel: Dominic Williams (Applicant) Ian Coleman SC (Respondent)

Solicitors: L Moore, Moore & Co Solicitors (Applicant) M Waring, Waring Legal (Respondent) File Number(s): 2016/00151825 Publication restriction: No

Table of Contents Judgment Jurisdiction Agreed matters The Hall decision Specific issues with respect to the location of access roads on "Malabar" Issue (1) The Court's determination, following consideration of Ms Robinson's evidence which is advanced by Mr Newton, as to whether the dam on OPB 187 should continue to be accessed from the existing eastern track or by a loop access road around its western boundary. Finding – Issue (1) Issue (2) Whether the grid and gate on the boundary of "Malabar" and "Morella' should be accessed by SST holders. Finding – Issue (2) Issue (3) Whether OPB 182 should be accessed by the south-western corner of OPB 185. Finding – Issue (3) Issue (4) As noted earlier at [17] issue 4 concerning the Silt Creek Quarry was not agitated at the hearing. Finding – Issue (4) Issue (5) This issue has been described as the Roxburgh Junction with OPB 178 and OPB 179 and 180. Finding – Issue (5) Issue (6) Access through OPB 183 and 184 Finding – Issue (6) Issue (7) – Reinstatement of the gate to "Roxburgh Finding – Issue (7) Issue (8) – Location of Access routes in relation to stock watering points Finding – Issue (8) Issue (9) – Location of access routes in relation to fences Finding – Issue (9) Issues not pressed by Mr Newton in the AMP (Exhibit 1G) Cover page Recitals Definitions Exercise of Access Review of Access Management Plan Access 4A "restricted zones" Repairs to access roads and tracks Access tracks to mining titles from Primary access roads Establishment of further internal primary access routes Conditions for use of primary access roads and access tracks Directions Final Orders