BAC WMR Holdings Pty Ltd v Goulburn Mulwaree Council

[2020] NSWLEC 1010

Land and Environment Court

New South Wales

Medium Neutral Citation:	BAC WMR Holdings Pty Ltd v Goulburn Mulwaree Council [2020] NSWLEC 1010
Hearing dates:	Conciliation conference on 22 October 2019
Date of orders:	08 January 2020
Decision date:	08 January 2020
Jurisdiction:	Class 1
Before:	Walsh C
Decision:	The Court Orders: (1) Without any admissions by the parties, the Respondent’s prevention notice dated 25 January 2019 and addressed to the Applicant in relation to premises known as Wakefield Park Raceway, located at 4770 Braidwood Road Tirrannaville NSW 2580, is varied under section 110 of the Protection of the Environment Operations Act 1997 (NSW) in accordance with the notice attached and marked Annexure “A”.
Catchwords:	ORDER – appeal – prevention notice - conciliation conference – agreement between the parties – orders
Legislation Cited:	Land and Environment Court Act 1979 Protection of the Environment Operations Act 1997
Category:	Principal judgment
Parties:	BAC WMR Holdings Pty Ltd (Applicant) Goulburn Mulwaree Council (Respondent)
Representation:	Counsel: J Lazarus SC (Applicant) M Mallos (Solicitor) (Respondent) Solicitors: Norton Rose Fulbright (Applicant) Maddocks (Respondent)
File Number(s):	2019/50083
Publication restriction:	No

Judgment

1. COMMISSIONER: The Wakefield Park Raceway (‘WPR’) is a facility for motor sport activity located on approximately 53ha of land at 4770 Braidwood Road, Tirrannaville (Lot 1 DP832905), some 11km south of the Goulburn city centre.

2. Goulburn Mulwaree Council issued a Prevention Notice to BAC WMR Holdings Pty Ltd (‘Applicant’) dated 25 January 2019 directing that certain actions be taken in regard to the operation of WPR. The notice was issued in reliance on s 96 of the Protection of the Environment Operations Act 1997 (‘PEO Act’). These proceedings are an appeal, brought by the applicant under s 289 of the PEO Act, against the notice.

3. The Court arranged a conciliation conference between the parties under s 34(1) of the Land and Environment Court Act 1979 (‘LEC Act’), which was held on 22 October 2019, and at which I presided.

4. Following the conciliation conference, and after more time was given for dialogue, the parties filed an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

5. The parties reached an agreement as to the variation of the terms of the Prevention Notice. The particulars of the variation are described in the agreement and outlined in the orders that follow.

6. I am satisfied that the provisions of s 110 of the PEO Act provide power to a regulatory authority to vary the terms of notices of this kind, and further that the Court can assume such powers under s 39(2) of the LEC Act.

7. I accept the advice of the parties that the parties’ decision is one that the Court could have made in the proper exercise of its functions. As the parties’ decision is a decision that the Court could have so made, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision. I note that I have had no direct regard to the merits of the application in coming to this position.

8. I further note the parties’ agreement that the Applicant will, by 1 August 2020, lodge a complete development application in relation to the ongoing use and operation of Wakefield Park Raceway, having regard to Council’s pre-lodgement processes and opportunities.

9. The Court orders:

1. Without any admissions by the parties, the Respondent’s prevention notice dated 25 January 2019 and addressed to the Applicant in relation to premises known as Wakefield Park Raceway, located at 4770 Braidwood Road Tirrannaville NSW 2580, is varied under section 110 of the Protection of the Environment Operations Act 1997 (NSW) in accordance with the notice attached and marked Annexure “A”.

……………………….

P Walsh

Commissioner of the Court

Annexure A (36.4 KB, pdf)

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Decision last updated: 09 January 2020