Barker v Water Administration Ministerial Corporation (No. 2)

[2022] NSWLEC 1427

Land and Environment Court

New South Wales

Medium Neutral Citation:

Barker v Water Administration Ministerial Corporation (No. 2) [2022] NSWLEC 1427

Hearing dates:

9 and 10 September 2021, 11 and 12 April 2022

Date of orders:

15 August 2022

Decision date:

15 August 2022

Jurisdiction:

Class 1

Before:

Chilcott C

Decision:

The Court orders:

(1)   the appeal is upheld;

(2)   the application no. 90CW811054, in relation to proposed Works 1, 2 and 3, on properties referred to as “Bareese” and “Golden Acres” located around 30km south of Gunnedah at Wondobah Road, Curlewis, is approved subject to the Statement of Approval and the “Plan of Approved Works – 90CW811054 (90FW837070)” provided at Annexure “A’ of this judgment;

(3)   the exhibits are returned, except Exhibits A, B, R1-1, R1-2, R2-4, R2-5 which are retained.

Catchwords:

DEVELOPMENT APPLICATION – proposed flood mitigation works - whether proposed works are acceptable having regard to the matters in section 166C(1) of the Water Act 1912.

Cases Cited:

Barker v Water Administration Ministerial Corporation [2021] NSWLEC 1357

Category:

Consequential orders

Parties:

Geoffrey Hugo Barker (Applicant)
Water Administration Ministerial Corporation (First Respondent)
Paul James Snape (Second Respondent)
Snape Farming Co Pty Limited (Third Respondent)

Representation:

Counsel:
R White (Applicant)
H El-Hage (Respondent)
J Smith (Second and Third Respondent)

Solicitors:
McArthur Legal Services Pty Ltd (Applicant)
Department of Planning, Industry and Environment (First Respondent)
Everingham Solomons Solicitors (Second and Third Respondents)

File Number(s):

2020/309385

Publication restriction:

No

Judgment

1. COMMISSIONER: In a judgment given on 8 July 2022, Barker v Water Administration Ministerial Corporation [2021] NSWLEC 1357 (the initial judgment), I handed down my decision on the appeal by Mr Geoffrey Hugo Barker against the decision of the Water Administration Ministerial Corporation (WAMC) (the First Respondent) to approve an application (no. 90CW811054) (the Application) by Mr Paul James Snape (the Second Respondent) and the Snape Farming Co Pty Limited (Third Respondent).

2. The Application had sought approval for three sets of works on two properties referred to as “Bareese” and “Golden Acres” located around 30km south of Gunnedah at Wondobah Road, Curlewis (the Subject Site, also referred to in the hearing as ‘the Snape Interests’).

3. At par [73] of the initial judgment, and consequent to the findings in that judgment, the Parties were directed, inter alia, as follows:

1. the Parties are to file by no later than Friday 29 July 2022, a revised approval, in an agreed form, for the Second and Third Respondents’ application no. 90CW811054, in relation to proposed Works 1, 2 and 3, subject to conditions identified in the initial judgment (at [53], [59] and [70]) to facilitate the Court making final orders to dispose of the appeal.

4. The Parties have now complied with those directions and the Court is able to make final orders to dispose of the appeal.

Orders

5. The Court orders:

1. the appeal is upheld;

2. the application no. 90CW811054, in relation to proposed Works 1, 2 and 3, on properties referred to as “Bareese” and “Golden Acres” located around 30km south of Gunnedah at Wondobah Road, Curlewis is approved subject to the Statement of Approval and the “Plan of Approved Works – 90CW811054 (90FW837070)” provided at Annexure “A’ of this judgment;

3. the exhibits are returned, except Exhibits A, B, R1-1, R1-2, R2-4, R2-5 which are retained.

…………………………..

M Chilcott

Commissioner of the Court

Annexure A (1170243, pdf)

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Decision last updated: 15 August 2022