Donnelly and Anor v Capricornia Prospecting Pty Ltd & Ors. [2001] NSWLEC 225

Donnelly and Anor v Capricornia Prospecting Pty Ltd & Ors. [2001] NSWLEC 225

The development consent granted was invalid due to the Council's failure to consider the environmental impact of pumping water from Nelsons Creek on threatened frog species, thereby breaching s 90(1)(b) and (c3) of the Environmental Planning and Assessment Act 1979. The Water Permits were invalid under s 22BA(5) of the Water Act 1912 due to applications being made contrary to statutory orders, resulting in unlawful extraction of water likely to cause environmental harm.

Jurisdiction
Australia
Judgment Date
21 September 2001
Procedural Posture
Class 4 Proceedings / Final Judgment
Outcome
Appeal allowed; declarations and injunctions granted
Legal Topics
['development Consent' 'water Permits' 'environmental Impact' 'validity' 'statutory Interpretation' 'threatened Species' 'aboriginal Heritage' 'breach of Conditions' 'declaratory and Injunctive Relief']
['environmental Law' 'planning Law' 'native Title Law'] ['development Consent' 'water Permits' 'environmental Impact' 'validity' 'statutory Interpretation' 'threatened Species' 'aboriginal Heritage' 'breach of Conditions' 'declaratory and Injunctive Relief']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether the development consent granted by Tenterfield Shire Council is valid' 'Whether Water Permits Nos 30PE002311 and 30PE002321 are valid' 'Whether breaches of conditions of development consent and water permits occurred' 'Whether there was a breach of s 118A of the National Parks and Wildlife Act 1974']

Ratio Decidendi

The development consent granted was invalid due to the Council's failure to consider the environmental impact of pumping water from Nelsons Creek on threatened frog species, thereby breaching s 90(1)(b) and (c3) of the Environmental Planning and Assessment Act 1979. The Water Permits were invalid under s 22BA(5) of the Water Act 1912 due to applications being made contrary to statutory orders, resulting in unlawful extraction of water likely to cause environmental harm.

Court Disposition

Appeal allowed; declarations and injunctions granted

Orders

  • ['Declare the Development Consent granted by Tenterfield Shire Council on 24 September 1998 to development application No 98/15 is invalid.' 'Declare Water Permits Nos 30PE002311 and 30PE002321 (including their renewals) are invalid.' 'Order the first to third Respondents be restrained from pumping water from...