NSWNSWLEC
Donnelly and Anor v Capricornia Prospecting Pty Ltd & Ors.
[2001] NSWLEC 225
Land and Environment Court (NSW)|2001-09-21|Before: Bignold J
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Source factsCourt
Land and Environment Court (NSW)
Decision date
2001-09-21
Before
Bignold J
Source
Original judgment source is linked above.
Judgment (9 paragraphs)
[1]
- For the reasons that I have already given, I have concluded that the Development Consent and the Water Permits are invalid.
[2]
- Even though the Water Permits are no longer in force (the last of them expired on 3 December 2000) and the Development Consent is not currently being acted upon because pumping of water from Nelsons Creek to the Timbarra Gold Mine ceased in June 2000, nonetheless the Applicants have established their entitlement to declaratory relief on the final hearing (though they had failed to obtain interlocutory relief). The challenges to the validity of the Development Consent and the Water Permits were vigorously resisted by the first to third Respondents (the fourth and fifth Respondents having filed submitting appearances), no doubt because the first to third Respondents were conscientiously pursuing their case in the related class 3 proceedings for the issue of the Water Licence, which if granted, would employ the infrastructure installed pursuant to the Development Consent.
[3]