Nour Atalla v Chief Executive, Office of the Environment and Heritage

[2017] NSWLEC 1226

Land and Environment Court

New South Wales

Medium Neutral Citation:	Nour Atalla v Chief Executive, Office of the Environment and Heritage [2017] NSWLEC 1226
Hearing dates:	Conciliation Conference 3 February, 24 March 2017
Date of orders:	04 May 2017
Decision date:	04 May 2017
Jurisdiction:	Class 1
Before:	Adam AC
Decision:	See (4) below
Catchwords:	APPEAL: remedial work, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979 National Parks and Wildlife Act 1974
Category:	Principal judgment
Parties:	Nour Attalla (Applicant) Chief Executive, Office of the Environment and Heritage (Respondent)
Representation:	Solicitors: P Jayne, Madison Marcus (Applicant) E Bateman, Department of Planning and Environment (Respondent)
File Number(s):	2016/313478
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

2. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. Revokes the Direction to Carry Out Remedial Work dated 21 September 2016 given by David Trewin as delegate for the Chief Executive of the Office of Environment and Heritage under section of the National Parks and Wildlife Act 1974 to the Applicant.

3. In substitution thereof, directs the Applicant to carry out the remedial work specified in the direction for remedial work at Annexure A to these orders in the manner specified and within the time specified.

4. No order is made as to costs.

Paul Adam

Acting Commissioner of the Court

313478.16 Annexure A (C) (5.57 MB, pdf)

Decision last updated: 04 May 2017