Piper v Minister Administering the Water Management Act 2000 (No 2) [2017] NSWLEC 15

Land and Environment Court New South Wales

Medium Neutral Citation: Piper v Minister Administering the Water Management Act 2000 (No 2) [2017] NSWLEC 15 Hearing dates: 23 February 2017 Date of orders: 06 March 2017 Decision date: 06 March 2017 Jurisdiction: Class 1 Before: Sheahan J Decision: The Applicant's Notice of Motion to amend is dismissed. See paragraph [84] Catchwords: APPEAL: application to amend a Class 1 application – principles to be applied – separated question outstanding in respect of the competency of appeal – construction of relevant provisions affecting replacement of former legislation – costs. Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Water Act 1912 Water Management Act 2000 Water Management Amendment Act 2014 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Barrington-Gloucester-Stroud Preservation Alliance Inc v Minister for Planning and Infrastructure [2012] NSWLEC 197 Charles and Howard Pty Ltd v Redland Shire Council [2007] QCA 200 Greek Australian Finance Corporation Pty Ltd v Sydney City Council (1974) 29 LGRA 130 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Piper v Minister Administering the Water Management Act 2000 [2016] NSWLEC 136 Rural Funds Management Limited v The Minister Administering the Water Management Act 2000 [2016] NSWLEC 19 Category: Procedural and other rulings Parties: Corie Bruce Piper (First Applicant) Nicole Louise Piper (Second Applicant) Minister Administering the Water Management Act 2000 (Respondent) Representation: Counsel: Mr S Docker, barrister (Applicants) Ms R Mansted, barrister (Respondent)