Koskiusko Alpine Club Limited v. National Parks And Wildlife Service [1988] NSWLEC 168

Koskiusko Alpine Club Limited v. National Parks And Wildlife Service [1988] NSWLEC 168

There is a serious question as to the lawfulness of the approval granted without requiring an environmental impact statement, and erecting any buildings could prejudice or fetter the statutory functions of the first respondent. The interlocutory orders restraining construction should not be varied pending the final determination of the matter.

Jurisdiction
Australia
Judgment Date
31 March 1988
Procedural Posture
Motion / Interlocutory
Outcome
Motion dismissed. Interlocutory restraint remains.
Legal Topics
['building Approval' 'environmental Impact Statement' 'jurisdiction' 'interlocutory Orders']
['environmental Law' 'planning Law'] ['building Approval' 'environmental Impact Statement' 'jurisdiction' 'interlocutory Orders']

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Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 ['Whether building approval was granted lawfully under the National Parks and Wildlife Act 1974 and Environmental Planning and Assessment Act 1974' 'Whether the erection of the buildings should be restrained pending resolution of alleged breaches of statutory duties']

Ratio Decidendi

There is a serious question as to the lawfulness of the approval granted without requiring an environmental impact statement, and erecting any buildings could prejudice or fetter the statutory functions of the first respondent. The interlocutory orders restraining construction should not be varied pending the final determination of the matter.

Court Disposition

Motion dismissed. Interlocutory restraint remains.

Orders

  • ['Motion dismissed.' "Liberty to apply on two days' notice." 'Costs to be reserved.' 'Exhibits may be released.']