Pavlovic v The Hills Shire Council [2020] NSWLEC 1485

Pavlovic v The Hills Shire Council [2020] NSWLEC 1485

The Court upheld the appeal and varied the terms of Prevention Notice No. 153442 in accordance with the agreement reached by the parties at the conciliation conference, as such a decision was within the proper exercise of the Court's functions under relevant legislation.

Jurisdiction
Australia
Judgment Date
14 October 2020
Procedural Posture
Appeal / Final Decision After Conciliation Conference
Outcome
Appeal upheld.
Legal Topics
['prevention Notice' 'motorbike Use' 'noise Control' 'appeal' 'conciliation Conference']
['environmental Law'] ['prevention Notice' 'motorbike Use' 'noise Control' 'appeal' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Final Decision After Conciliation Conference

Legal Issues

  1. 1 ['Whether the terms of Prevention Notice No. 153442 should be varied under section 110 of the Protection of the Environment Operations Act 1997 (NSW)' "Whether the use of motorbikes on the applicants' property causes offensive noise in breach of Environment Operations (Noise Control) Regulation 2017"]

Ratio Decidendi

The Court upheld the appeal and varied the terms of Prevention Notice No. 153442 in accordance with the agreement reached by the parties at the conciliation conference, as such a decision was within the proper exercise of the Court's functions under relevant legislation.

Court Disposition

Appeal upheld.

Orders

  • ['The appeal is upheld.' "The terms of Prevention Notice No. 153442 issued by the First Respondent on 5 June 2020 are varied under section 110 of the Protection of the Environment Operations Act 1997 (NSW) in accordance with the notice annexed hereto and marked 'A'."]