27 Nov 2006
BIOMARINE V ARC HC AK CIV.2006-404-2495
- Citation
- openlaw-794629ca_dac7_4b3f_bb7b_166d52406774.pdf
- Court
- High Court
Appeal allowed in part: the Environment Court's factual findings on adverse effects, natural character and visual amenity were upheld and its failure to address every proposed condition was not fatal; however the Court erred in assessing likely future increased public use based on implementation of future infrastructure without regard to Hawthorn's limits on what future environmental changes may be considered under s104(1)(a). The matter is remitted to the Environment Court to reconsider that aspect in light of Hawthorn.