Glenpatrick Pty Ltd v Maclean Shire Council [1989] NSWLEC 191

Glenpatrick Pty Ltd v Maclean Shire Council [1989] NSWLEC 191

The lakes to be created by the development constitute artificial waterways and therefore fall within the Ministerial s.101 Direction, requiring referral to the Minister for determination. Additionally, the extractive activities involved are of such character, extent, and impact that they are not merely ancillary and constitute designated development under paragraph (n) of Schedule 3 to the Regulation.

Jurisdiction
Australia
Judgment Date
18 May 1989
Procedural Posture
Appeal / Determination of Preliminary Questions
Outcome
application dismissed
Legal Topics
['designated Development' 'artificial Waterways' 'extractive Industry' 'development Application' 'ministerial Direction']
['planning and Environmental Law'] ['designated Development' 'artificial Waterways' 'extractive Industry' 'development Application' 'ministerial Direction']

Case Brief

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Procedural Posture

Appeal / Determination of Preliminary Questions

Legal Issues

  1. 1 ['Whether the proposed development is designated development as defined in paragraphs (ma) and (n) of Schedule 3 of Environmental Planning and Assessment Act, 1979' 'Whether the application is for development for the purposes of canals or other artificial waterways within the meaning of the s.101 Direction']

Ratio Decidendi

The lakes to be created by the development constitute artificial waterways and therefore fall within the Ministerial s.101 Direction, requiring referral to the Minister for determination. Additionally, the extractive activities involved are of such character, extent, and impact that they are not merely ancillary and constitute designated development under paragraph (n) of Schedule 3 to the Regulation.

Court Disposition

application dismissed

Orders

  • ['Costs are reserved' 'Exhibits may be returned']