Hawkesbury City Council v Kara-Ali (No 2) [2018] NSWLEC 129

Land and Environment Court New South Wales

Medium Neutral Citation: Hawkesbury City Council v Kara-Ali (No 2) [2018] NSWLEC 129 Hearing dates: 20 August 2018 Date of orders: 27 August 2018 Decision date: 27 August 2018 Jurisdiction: Class 4 Before: Sheahan J Decision: See paragraph [59] Catchwords: CIVIL ENFORCEMENT: Works, including land clearing and construction, undertaken without consent – Council and Court orders to cease have been disobeyed – claims of exemption from legal requirements and Court jurisdiction have no basis – environmental harm shown to have occurred – remedial orders – costs. Legislation Cited: Environmental Planning and Assessment Act 1979 Hawkesbury Development Control Plan 2002 Hawkesbury Local Environmental Plan 2012 Local Government Act 1993 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Biodiversity Conservation Act 2016 National Parks and Wildlife Act 1974 Native Vegetation Act 2003 Native Vegetation Conservation Act 1997 Forestry Act 1916 Electricity Supply Act 1995 Roads Act 1993 Surveying and Spatial Information Act 2002 Protection of the Environment Operations Act 1997 Cases Cited: Hawkesbury City Council v Kara-Ali [2018] NSWLEC 105 Hoxton Park Residents Action Group Inc v Liverpool City Council (No 2) [2011] NSWCA 363 Jonathan v Kyogle Council [2012] NSWLEC 16 Randwick City Council v Kara-Ali [2015] NSWLEC 5 Category: Principal judgment Parties: Hawkesbury City Council (Applicant) Mustapha Kara-Ali (First Respondent) Diaa Kara-Ali (Second Respondent) Southern Chariot Stud Pty Ltd (Third Respondent) Representation: Counsel: Mr M Cottom, solicitor (Applicant) No appearance (Respondents)