The definition of 'river' in the Rivers and Foreshores Improvement Act 1948 (NSW), which includes 'any stream of water flowing in a natural channel', requires evidence of defined banks and a channel — a swampy creek or drainage depression without these features is insufficient. Minor excavation that is more than inconsequential cannot be ignored under s 22B, but the meaning of 'excavation' is a question of fact and very minor works involving disturbance to soil may not constitute excavation. Where a breach of integrated development requirements is technical only, the Ministerial Corporation was consulted and later granted a permit, and works are completed without environmental harm, discretionary relief under s 124(1) will be refused.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.