Inland Rivers Network Incorporated v Harris [2019] NSWLEC 74

Land and Environment Court New South Wales

Medium Neutral Citation: Inland Rivers Network Incorporated v Harris [2019] NSWLEC 74 Hearing dates: 30 May 2019, 31 May 2019 (further submissions) Date of orders: 04 June 2019 Decision date: 04 June 2019 Jurisdiction: Class 4 Before: Pain J Decision: See par [26] of judgment Catchwords: PRACTICE AND PROCEDURE – review of Registrar's decision fixing hearing dates – in interests of justice to vary hearing dates Legislation Cited: Civil Procedure Act 2005 ss 57, 58, 66 Uniform Civil Procedure Rules 2005 r 49.19 Water Management Act 2000 Cases Cited: Blacktown City Council v Wilkie [2001] NSWLEC 90 Groeneveld v Wollongong City Council (2009) 168 LGERA 260; [2009] NSWLEC 149 Samcourt Pty Ltd v Inner West Council (No 2) [2017] NSWLEC 1691 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Procedural and other rulings Parties: Inland Rivers Network Incorporated (INC 98 896 01 (Applicant)

Peter James Harris (First Respondent) Jane Maree Harris (Second Respondent) Representation: COUNSEL: M Floro (Applicant) M Elliott SC (Respondents)

SOLICITORS: Environmental Defender's Office (Applicant) Horton Rhodes (Respondents) File Number(s): 17/340269

Judgment 1. The Applicant has filed Class 4 proceedings seeking numerous declarations and consequential orders alleging breaches of water access licences (WALs) under the Water Management Act 2000 by the Respondents. By notice of motion dated 13 May 2019 the Respondents seek orders vacating a hearing date set down for five days commencing 11 November 2019. 2. The Respondents are also charged with two water licence offences by WaterNSW to which they pleaded not guilty in Class 5 proceedings (2018/73936 and 2018/73940). The hearing has concluded and judgment is reserved. One of the issues in these Class 4 proceedings concerning the operation of a B-class WAL also arose in the Class 5 proceedings. I am informed by senior counsel for the Respondents Mr Elliott SC who appeared in the Class 5 matter that the issue of the construction and application of the B-class WAL required most of the five days of hearing in the Class 5 proceedings.