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[2025] NSWLEC 1826
General information, not legal advice.
Land and Environment Court (NSW)
2025-11-26
Dixon SC
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Dalton v Natural Resources Access Regulator [2025] NSWLEC 1826
Hearing dates: 3 July, 4 and 18 September, 24 October 2025
Date of orders: 26 November 2025
Decision date: 26 November 2025
Jurisdiction: Class 1
Before: Dixon SC
Decision: The Court orders that:
(1) The appeal is dismissed.
Catchwords: APPEAL – stop work order – water management works – water access licence
Legislation Cited: Land and Environment Court Act 1979 (NSW), ss 34, 39
Water Management Act 2000 (NSW), ss 327, 368
Category: Principal judgment
Parties: Helen Dalton (Applicant 2025/17022)
James Ignatius Dalton (Applicant 2025/17035)
Natural Resources Access Regulator (Respondent)
Representation: N Hammond (Barrister) instructed by T Horne, Home Legal (Solicitors) for the Applicants
N Sharp SC with C Brain (Barristers) instructed by J Smith, (Crown Solicitor’s Office) for the Respondent
File Number(s): 2025/17022
2025/17035
Publication restriction: Nil
These proceedings arise following an appeal pursuant to s 368(1)(n) of the Water Management Act 2000 (NSW) (WM Act) against the Natural Resources Access Regulator’s issue of Stop Work Orders (SWOs) under s 327(2) of the WM Act.
The appeals were made by the appellants from SWOs issued by the respondent to each of the appellants on 19 December 2024 pursuant to s 327 of the WM Act. The appeals come before the Court under s 368(1)(n) of the WM Act. Under s 39(2) of the Land and Environment Court Act 1979 (NSW) (LEC Act) the Court has the same powers as the respondent. The parties agree that this would extend to upholding or rescinding the SWOs made under s 327 of the WM Act.
The Court arranged a conciliation conference under s 34(1) of the LEC Act between the parties, which was first held 3 July 2025, and continued on 4 and 18 September, and 24 October 2025. I presided over the conciliation conferences.
At the conciliation conference the parties were able to reach an agreement as to the terms of a decision in the proceedings that would be acceptable to them. The parties now propose resolution of the proceedings in accordance with the terms outlined in their executed s 34 written agreements in both matters dated 24 October 2025 (Agreement).
The parties have reached a separate agreement to resolve the respondent’s concerns as to the use of water management works on the property, with a view to rescinding the SWOs.
Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ signed agreement if the Court could have made that decision in the proper exercise of its functions.
The Court notes that each applicant agreed to pay the respondent $20,000 in costs.
The Court orders that:
The appeal is dismissed.
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Coversheet representation amended.
Amended wording of [7].
Dalton
Natural Resources Access Regulator [2025] NSWLEC 1826