Williams v Director General National Parks and Wildlife Service & Ors. [2003] NSWLEC 251

Williams v Director General National Parks and Wildlife Service & Ors. [2003] NSWLEC 251

The injunction should be discharged as the respondents have obtained a permit under s 87 of the National Parks and Wildlife Act, and have proffered undertakings augmenting the permit's conditions, which the Court accepts as sufficient protection.

Jurisdiction
Australia
Judgment Date
31 May 2002
Procedural Posture
Application for Discharge of Permanent Injunction / Judgment on Application for Discharge of Injunction, Pending Reserved Judgment on Interlocutory Injunction
Outcome
Permanent injunction discharged, subject to undertakings by first and second Respondents. Discharge operative from 2 pm on 3 June 2002.
Legal Topics
['discharge of Injunction' 'national Parks and Wildlife Act S 87 Permit' 'exploratory Drilling' 'archaeological Relics']
['environmental Law'] ['discharge of Injunction' 'national Parks and Wildlife Act S 87 Permit' 'exploratory Drilling' 'archaeological Relics']

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Procedural Posture

Application for Discharge of Permanent Injunction / Judgment on Application for Discharge of Injunction, Pending Reserved Judgment on Interlocutory Injunction

Legal Issues

  1. 1 ['Whether the permanent injunction restraining exploratory drilling should be discharged in light of a s 87 permit obtained' 'Whether the undertakings proffered by the first and second Respondents adequately protect interests under the permit' 'Whether relief should await outcome of concurrent challenge to validity of permit']

Ratio Decidendi

The injunction should be discharged as the respondents have obtained a permit under s 87 of the National Parks and Wildlife Act, and have proffered undertakings augmenting the permit's conditions, which the Court accepts as sufficient protection.

Court Disposition

Permanent injunction discharged, subject to undertakings by first and second Respondents. Discharge operative from 2 pm on 3 June 2002.

Orders

  • ["Discharge of Order No 1 of Court's orders made on 17 May 2002, operative on and from 2 pm on Monday 3 June 2002, subject to undertakings by first and second Respondents." 'Undertakings accepted: 1. Service of confirmation notice; 2. Inspection by Applicant and archaeologist; 3. No exploratory drilling without...