Williams v Director General National Parks and Wildlife Service and Ors. [2002] NSWLEC 231

Williams v Director General National Parks and Wildlife Service and Ors. [2002] NSWLEC 231

The Court granted balanced interlocutory relief because the challenge to the validity of the s 87 Permit and s 90 Consent raised a serious question to be tried, the Applicant was likely to suffer irreparable harm without interim relief, and the balance of convenience favoured suspending the operation of the Permit and Consent while allowing the second and third Respondents to complete exploratory drilling subject to compliance with the earlier s 87 Permit requirements.

Jurisdiction
Australia
Judgment Date
03 December 2002
Procedural Posture
Injunctions and Declarations Interlocutory Relief / Interlocutory Relief Pending the Final Hearing of the Applicant's Challenge to the Validity of the S 87 Permit and the S 90 Consent
Outcome
Interlocutory relief granted in a balanced form pending final hearing.
Legal Topics
['validity of S 87 Permit and S 90 Consent' 'interlocutory Relief' 'aboriginal Objects' 'lake Cowal Gold Mine Project' 'exploratory Drilling' 'balance of Convenience']
['environmental Law' 'administrative Law' 'aboriginal Cultural Heritage'] ['validity of S 87 Permit and S 90 Consent' 'interlocutory Relief' 'aboriginal Objects' 'lake Cowal Gold Mine Project' 'exploratory Drilling' 'balance of Convenience']

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Procedural Posture

Injunctions and Declarations Interlocutory Relief / Interlocutory Relief Pending the Final Hearing of the Applicant's Challenge to the Validity of the S 87 Permit and the S 90 Consent

Legal Issues

  1. 1 ["Whether the Applicant's challenge to the validity of the s 87 Permit and s 90 Consent raises a serious question to be tried." "Whether interim relief is necessary to prevent irreparable damage to the Applicant's interests in protecting Aboriginal relics from being damaged, defaced or destroyed." 'Whether the balance of convenience favours granting interlocutory relief while allowing the second and third Respondents a structured opportunity to complete exploratory drilling.']

Ratio Decidendi

The Court granted balanced interlocutory relief because the challenge to the validity of the s 87 Permit and s 90 Consent raised a serious question to be tried, the Applicant was likely to suffer irreparable harm without interim relief, and the balance of convenience favoured suspending the operation of the Permit and Consent while allowing the second and third Respondents to complete exploratory drilling subject to compliance with the earlier s 87 Permit requirements.

Court Disposition

Interlocutory relief granted in a balanced form pending final hearing.

Orders

  • ['The operation of the s 87 Permit and the s 90 Consent issued on behalf of the Director-General on 27 November 2002 should be suspended pending final hearing.' 'The second and third Respondents are to have a structured opportunity to complete their exploratory drilling for the Project provided that the requirements...