Great Lakes Council v Lani; Great Lakes Council v Lani and Lampo Pty Limited

(2007) 158 LGERA 1; [2007] NSWLEC 681

NSW Land and Environment Court

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Interrogate

Catchwords

1. Environmental Law
2. › Civil enforcement
3. › Remedial orders
4. › Clearing of native vegetation on public reserve
5. › Placing fill without development consent
6. › Breaches admitted
7. › Injunctive orders to remedy and restrain breaches
8. › Environmental Planning and Assessment Act 1979 (NSW), s 76A, s 123(1)
9. › Native Vegetation Conservation Act 1997 (NSW), s 21
10. › National Parks and Wildlife Act 1974 (NSW), s 118A(2), s 176A(1)
1. Environmental Law
2. › Civil enforcement
3. › Declaratory relief
4. › Whether Court should make declaration in addition to injunctive orders
5. › Whether declaration appropriate to publicly expose and denounce unlawful conduct
6. › Declaration declined as matter of discretion
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether special or unusual circumstances warranting departure from party and party basis
5. › Civil enforcement proceedings
6. › No indemnity costs ordered
1. Practice and Procedure
2. › Costs
3. › Expert witness costs
4. › Whether costs of experts retained to prove breach and identify remedial orders recoverable
5. › Regulatory authority entitled to costs of experts

Quick Take

In civil enforcement proceedings for environmental breaches, declaratory orders are not appropriate where injunctive orders to remedy and restrain breaches are made, because declarations have no practical effect, are not jurisdictionally necessary, do not themselves remedy or restrain breaches, and risk being used as a substitute for criminal prosecution. The seriousness of a statutory breach does not constitute a special or unusual circumstance warranting indemnity costs. Regulatory authorities are entitled to recover costs of experts retained to prove both the breach and the appropriate remedial orders.