Anderson on behalf of Numbahjing Clan within the Bundjalung Nation v Director-General Department of Environment and Climate Change [2007] NSWLEC 463

Anderson on behalf of Numbahjing Clan within the Bundjalung Nation v Director-General Department of Environment and Climate Change [2007] NSWLEC 463

On the evidence before the Court, there is a serious issue to be tried as to denial of natural justice, procedural fairness, and validity of the permit; the balance of convenience favours granting an interim injunction to preserve the status quo and prevent possible destruction of Aboriginal objects pending a full hearing.

Parties
Applicant: Douglas Anderson; Applicant: Susan Anderson; First Respondent: Director-General Department of Environment and Climate Change; Second Respondent: Christopher Brian Lee Condon on behalf of North Angels Beach Development (Ballina) Pty Ltd
Jurisdiction
Australia
Judgment Date
18 July 2007
Procedural Posture
Class 4 Motion for Interim Injunction / Interlocutory (ex Tempore) Judgment
Outcome
interim injunction granted pending further hearing
Legal Topics
Injunctions, Declarations, Validity of Permits, Natural Justice, Procedural Fairness, Protection of Aboriginal Objects, Intergenerational Equity
Administrative Law Environmental Law Aboriginal Law Injunctions Declarations Validity of Permits Natural Justice Procedural Fairness +2 more

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Parties

Douglas Anderson

Applicant

Susan Anderson

Applicant

Director-General Department of Environment and Climate Change

First Respondent

Christopher Brian Lee Condon on behalf of North Angels Beach Development (Ballina) Pty Ltd

Second Respondent

Procedural Posture

Class 4 Motion for Interim Injunction / Interlocutory (ex Tempore) Judgment

Legal Issues

  1. 1 Whether the permit and consent to destroy Aboriginal objects under ss 87 and 90 of the National Parks and Wildlife Act 1974 is valid
  2. 2 Whether natural justice and procedural fairness were denied to the applicants
  3. 3 Whether activities in reliance on the consent would breach section 86 and/or 90 of the National Parks and Wildlife Act 1974

Ratio Decidendi

On the evidence before the Court, there is a serious issue to be tried as to denial of natural justice, procedural fairness, and validity of the permit; the balance of convenience favours granting an interim injunction to preserve the status quo and prevent possible destruction of Aboriginal objects pending a full hearing.

Court Disposition

interim injunction granted pending further hearing

Orders

  • Second respondent, its employees, contractors, and agents are restrained from carrying out any work or activity including vegetation removal, soil disturbance, roadwork and soil testing on Lot 208 DP 851318, except for survey work not involving significant soil disturbance or removal of vegetation, until 30 July...
  • Costs reserved.