Barker v Water Administration Ministerial Corporation [2022] NSWLEC 1357

Barker v Water Administration Ministerial Corporation [2022] NSWLEC 1357

The proposed works, as conditioned by expert recommendations and agreed modifications, satisfy the factors required by s 166C(1) of the Water Act. No unacceptable or significant impacts will arise from works 1, 2, and 3 with conditions; approval with imposed conditions is appropriate.

Jurisdiction
Australia
Judgment Date
08 July 2022
Procedural Posture
Appeal / Directions Issued Pending Final Orders
Outcome
Application approved with conditions; directions for parties to file revised approval to allow final orders.
Legal Topics
['flood Mitigation Works Approval' 'controlled Works Assessment' 'water Flows Impact' 'floodplain Management Plans' 'cumulative Impacts']
['environmental Law' 'administrative Law'] ['flood Mitigation Works Approval' 'controlled Works Assessment' 'water Flows Impact' 'floodplain Management Plans' 'cumulative Impacts']

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Procedural Posture

Appeal / Directions Issued Pending Final Orders

Legal Issues

  1. 1 ['Whether proposed flood mitigation works are acceptable under s 166C(1) of the Water Act 1912' 'Assessment of cumulative and specific impacts of Works 1, 2, and 3 on flood regime and environment' 'Consistency of works with relevant government policies and floodplain management plans']

Ratio Decidendi

The proposed works, as conditioned by expert recommendations and agreed modifications, satisfy the factors required by s 166C(1) of the Water Act. No unacceptable or significant impacts will arise from works 1, 2, and 3 with conditions; approval with imposed conditions is appropriate.

Court Disposition

Application approved with conditions; directions for parties to file revised approval to allow final orders.

Orders

  • ['Parties to file revised approval in agreed form for application no. 90CW811054, subject to identified conditions, by 29 July 2022.' 'Matter listed for mention on 2 August 2022; mention to be vacated if revised approval is filed.' "Liberty to restore granted on three days' notice."]