Barker v Water Administration Ministerial Corporation (No. 2) [2022] NSWLEC 1427

Barker v Water Administration Ministerial Corporation (No. 2) [2022] NSWLEC 1427

The appeal is upheld and the application for the proposed works is approved subject to specific conditions, as the revised approval and the plans are satisfactory in accordance with the prior judgment and section 166C(1) of the Water Act 1912.

Parties
Applicant: Geoffrey Hugo Barker; First Respondent: Water Administration Ministerial Corporation; Second Respondent: Paul James Snape; Third Respondent: Snape Farming Co Pty Limited
Jurisdiction
Australia
Judgment Date
15 August 2022
Procedural Posture
Appeal / Judgment and Final Orders
Outcome
The appeal is upheld; development application is approved subject to conditions.
Legal Topics
Development Application, Flood Mitigation Works, Water Management, Section 166 C(1) of the Water Act 1912
Environmental Law Development Application Flood Mitigation Works Water Management Section 166 C(1) of the Water Act 1912

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Parties

Geoffrey Hugo Barker

Applicant

Water Administration Ministerial Corporation

First Respondent

Paul James Snape

Second Respondent

Snape Farming Co Pty Limited

Third Respondent

Procedural Posture

Appeal / Judgment and Final Orders

Legal Issues

  1. 1 Whether the proposed flood mitigation works are acceptable having regard to matters in section 166C(1) of the Water Act 1912

Ratio Decidendi

The appeal is upheld and the application for the proposed works is approved subject to specific conditions, as the revised approval and the plans are satisfactory in accordance with the prior judgment and section 166C(1) of the Water Act 1912.

Court Disposition

The appeal is upheld; development application is approved subject to conditions.

Orders

  • The appeal is upheld
  • The application no. 90CW811054, in relation to proposed Works 1, 2 and 3, is approved subject to the Statement of Approval and 'Plan of Approved Works – 90CW811054 (90FW837070)' at Annexure A