Donnelly and Anor v Capricornia Prospecting Pty Ltd & Ors.

223. The Applicants have also claimed prohibitory and mandatory injunctions. In my opinion, this relief should also be granted as consequential relief flowing from the grant of the declaratory relief.

224. The prohibitory relief should be moulded in the conventional manner to only restrain the relevant activity or development, unless and until the requisite development consent therefor is obtained under the EP&A Act and the requisite entitlement therefor is obtained under the Water Act.

225. The mandatory relief should, I think, require both the removal of the pump and pipeline infrastructure and the rehabilitation or restoration of the land that had been disturbed by the installation of that infrastructure.

226. Some reasonable time (eg three months) should be allowed for compliance with the mandatory injunction for the removal of the infrastructure and some additional time (another three months) should be allowed for restoration and rehabilitation of the disturbed land. The standard of restoration and rehabilitation should be similar to that reflected in Condition 4 of the Development Consent.

227. For all the foregoing reasons, I make the following orders:
228. Declare that the Development Consent granted by Tenterfield Shire Council on 24 September 1998 to the second Respondent's development application No 98/15 is invalid.
229. Declare that Water Permits Nos 30PE002311 and 30PE002321 (including their respective renewals) are invalid.
230. Order that the first to third Respondents by themselves, their servants and agents and contractors be restrained from pumping water from Nelsons Creek to the Timbarra Gold Mine by using the pump and pipeline infrastructure installed on Portion 37, Parish of Maclean and the Timbarra Road, unless and until there is obtained therefor both the requisite development consent under the EP&A Act 1979 and the requisite entitlement under the Water Act 1912.
231. Order that the first to third Respondents remove from Portion 37 and Timbarra Road the aforesaid pump and pipeline infrastructure within three months.
232. Order that the first to third Respondents restore and rehabilitate, to the satisfaction of the Tenterfield Shire Council, the land comprising Portion 37 and Timbarra Road that has been disturbed by the installation and/or removal of the aforesaid pump and pipeline infrastructure within a further period of three months following the removal of that infrastructure.
233. The exhibits be returned.
234. The question of costs be reserved.

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