Pittwater Council v Roberts and Another [2004] NSWLEC 142

Pittwater Council v Roberts and Another [2004] NSWLEC 142

Because cl 40 of the Local Government (Water Sewerage and Drainage) Regulation 1993, read with ss 124 and 127 of the Local Government Act 1993, deemed the relevant sewerage system of a public authority or state owned corporation to be included for order No. 24, the council's order requiring connection to the Sydney Water sewerage system was within power; and the Court had power under Pt 42 r 9 of the Supreme Court Rules 1970, s 121ZJ of the Environmental Planning and Assessment Act 1979 and s 678 of the Local Government Act 1993 to authorise council works in default, so the consent orders were appropriate.

Jurisdiction
Australia
Judgment Date
08 April 2004
Procedural Posture
Proceedings to Enforce a Local Government Act Order Requiring Sewerage Connection Works / Consent Orders
Outcome
Consent orders made against the second respondent; no relief sought against the first respondent.
Legal Topics
['validity of Order Under S 124 of the Local Government Act 1993' 'effect of Deeming Provision in Regulation Upon Operation of Statute' 'sewerage Connection Works' 'protected Person Represented by Tutor' 'authority for Council to Carry Out Works in Default']
['local Government' 'environmental Planning and Assessment' 'protected Estates' 'civil Procedure'] ['validity of Order Under S 124 of the Local Government Act 1993' 'effect of Deeming Provision in Regulation Upon Operation of Statute' 'sewerage Connection Works' 'protected Person Represented by Tutor' 'authority for Council to Carry Out Works in Default']

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Procedural Posture

Proceedings to Enforce a Local Government Act Order Requiring Sewerage Connection Works / Consent Orders

Legal Issues

  1. 1 ['Whether Pittwater Council had power under s 124 of the Local Government Act 1993 to order connection of sanitary draining and sanitary plumbing services at the property to the Sydney Water sewerage system rather than to a sewer of the council.' 'Whether the Court had power to authorise the council to carry out the sewerage connection works in default of compliance by the second respondent.' 'Whether consent orders should be made where the second respondent was a protected person represented by the Protective Commissioner as tutor.']

Ratio Decidendi

Because cl 40 of the Local Government (Water Sewerage and Drainage) Regulation 1993, read with ss 124 and 127 of the Local Government Act 1993, deemed the relevant sewerage system of a public authority or state owned corporation to be included for order No. 24, the council's order requiring connection to the Sydney Water sewerage system was within power; and the Court had power under Pt 42 r 9 of the Supreme Court Rules 1970, s 121ZJ of the Environmental Planning and Assessment Act 1979 and s 678 of the Local Government Act 1993 to authorise council works in default, so the consent orders were appropriate.

Court Disposition

Consent orders made against the second respondent; no relief sought against the first respondent.

Orders

  • ['Within 28 days of the date of this order, the second respondent cause the Sewerage Connection Works to be carried out at the Property.' 'In default of the second respondent complying with order No. 1, the applicant carry out or cause to be carried out the Sewerage Connection Works on or before 42 days of the date...