Oshlack v Rous Water [2011] NSWLEC 73

Oshlack v Rous Water [2011] NSWLEC 73

Water supply authorities acting pursuant to approval under s 6(1) of the Fluoridation Act must comply with ss 111 and 112 EPA Act when determining to approve construction and operation of fluoridation plants, but where a direction under s 6A is present, only s 111 applies and s 112 yields to the specific obligation to comply with the direction.

Parties
Applicant: Al Oshlack; First Respondent: Rous Water; Second Respondent: Ballina Shire Council; Third Respondent: Lismore City Council
Jurisdiction
Australia
Judgment Date
28 April 2011
Procedural Posture
Judicial Review / Preliminary Questions
Outcome
Preliminary questions answered
Legal Topics
Statutory Interpretation, Environmental Impact Assessment, Judicial Review of Public Authority Decisions
Administrative Law Environmental Law Statutory Interpretation Environmental Impact Assessment Judicial Review of Public Authority Decisions

Case Brief

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Parties

Al Oshlack

Applicant

Rous Water

First Respondent

Ballina Shire Council

Second Respondent

Lismore City Council

Third Respondent

Procedural Posture

Judicial Review / Preliminary Questions

Legal Issues

  1. 1 Whether water supply authority action under the Fluoridation of Public Water Supplies Act 1957 requires compliance with ss 111 and 112 of Environmental Planning and Assessment Act 1979
  2. 2 Whether inconsistency arises between Fluoridation Act and EPA Act

Ratio Decidendi

Water supply authorities acting pursuant to approval under s 6(1) of the Fluoridation Act must comply with ss 111 and 112 EPA Act when determining to approve construction and operation of fluoridation plants, but where a direction under s 6A is present, only s 111 applies and s 112 yields to the specific obligation to comply with the direction.

Court Disposition

Preliminary questions answered

Orders

  • First Respondent required to comply with ss 111 and 112 EPA Act for plants under approval except, for plants under direction, must comply with s 111 but not s 112.
  • Second Respondent required to comply with ss 111 and 112 EPA Act for Marom Creek Fluoridation plant.