Total Environment Centre Inc. v. Shoalhaven City Council [1989] NSWLEC 154

Total Environment Centre Inc. v. Shoalhaven City Council [1989] NSWLEC 154

Development Application No.88/2825 for an extractive industry rock quarry at Comberton Grange, Lot1, D.P. 725955, Falls Creek was determined by granting consent subject to conditions addressing compliance with the application and Environmental Impact Statement, required approvals, extraction limits, hours of operation, environmental protection, land clearing, haulage, conservation agreements, management plans and site rehabilitation.

Jurisdiction
Australia
Judgment Date
01 January 1989
Procedural Posture
Development Application No.88/2825 (extractive Industry Rock Quarry) / Determination Granting Consent Subject to Conditions
Outcome
Consent granted subject to conditions.
Legal Topics
['extractive Industry' 'rock Quarry' 'environmental Impact Statement' 'quarry Management Plan' 'rehabilitation' 'pollution Control' 'vegetation Clearing' 'noise and Dust Control']
['environmental Planning' 'land and Environment' 'development Consent'] ['extractive Industry' 'rock Quarry' 'environmental Impact Statement' 'quarry Management Plan' 'rehabilitation' 'pollution Control' 'vegetation Clearing' 'noise and Dust Control']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application No.88/2825 (extractive Industry Rock Quarry) / Determination Granting Consent Subject to Conditions

Legal Issues

  1. 1 ['Whether Development Application No.88/2825 for an extractive industry rock quarry at Comberton Grange, Lot1, D.P. 725955, Falls Creek should be granted consent subject to conditions.']

Ratio Decidendi

Development Application No.88/2825 for an extractive industry rock quarry at Comberton Grange, Lot1, D.P. 725955, Falls Creek was determined by granting consent subject to conditions addressing compliance with the application and Environmental Impact Statement, required approvals, extraction limits, hours of operation, environmental protection, land clearing, haulage, conservation agreements, management plans and site rehabilitation.

Court Disposition

Consent granted subject to conditions.

Orders

  • ['Consent is granted for Development Application No.88/2825 (Extractive Industry - Rock Quarry) relating to Comberton Grange, Lot1, D.P. 725955, Falls Creek, subject to conditions.' 'The consent shall become effective and operate after the expiration of twenty-eight days from the date of consent.' 'Development...