Apokis v Roads and Maritime Services [2017] NSWLEC 163

Land and Environment Court New South Wales

Medium Neutral Citation: Apokis v Roads and Maritime Services [2017] NSWLEC 163 Hearing dates: 5, 8 to 12, 15 and 16 May and 18 to 20 July 2017 Date of orders: 04 December 2017 Decision date: 04 December 2017 Jurisdiction: Class 3 Before: Moore J Decision: See conclusion at [249] and directions at [251] Catchwords: RESUMPTION COMPENSATION - original landholding bisected by the Pacific Highway Upgrade Project - RMS acquisition of strip for new highway project - consideration of uses in the before-and-"after" scenario - quarry located at northern end - potential for "bush block" residential use at southern end in before-and-"after" scenario - compensable difference in value arising - compensation for acquired strip determined at $113,000 - potential for quarry continuation in "after" scenario - no effective difference of potential quarry value in the "after" scenario - quarry value compensation of $1,000 awarded RESUMPTION COMPENSATION - RMS excavates substantial volume of material from acquired strip for use for construction of the Pacific Highway Upgrade Project - claim that the RMS should pay royalties to the Applicant for extracted material - RMS acquisition vested RMS with right to all aspects of the acquired land (including quarrying materials in it) - no basis for compensation for royalties - consideration of the future life of the existing quarry results (if royalties were claimable) in a net present value of royalties for the RMS extracted material being zero Legislation Cited: Aboriginal Land Rights Act 1983, s 36 Coffs Harbour Local Environmental Plan 2013 Environmental Planning and Assessment Regulation 2000, Sch 3(19)(1)(a) Crown Lands Act 1989, s 34A Land Acquisition (Just Terms Compensation) Act 1991, ss 47, 55, 56 and 59(1)(f) Land and Environment Court Act 1979, s 37 Native Title Act 1993 (Cth) Cases Cited: George D Angus Pty Limited v Health Administration Corporation (2013) 205 LGERA 357; [2013] NSWLEC 212 Environment Protection Authority v Wyanga Holdings Pty Ltd; Environment Protection Authority v Cauchi [2015] NSWLEC 78 Ryde Municipal Council v Royal Ryde Homes [1970] 1 NSWR 277; (1970) 91 WN (NSW) 440; (1970) 19 LGRA 321 Sydney Water Corporation v Caruso [2009] NSWCA 391 Tolson v Roads and Maritime Services (2014) 201 LGERA 367; [2014] NSWCA 161 Vaughan-Taylor v David Mitchell-Melcann Pty Ltd (1991) 25 NSWLR 580 Category: Principal judgment Parties: Sam Apokis (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: Mr I Hemmings SC/Mr S Nash and Mr D Beaufils, barristers (Applicant) Mr P Tomasetti SC/Mr N Eastman, barrister (Respondent)