Shoalhaven City Council v South Coast Concrete Crushing & Recycling Pty Ltd [2009] NSWLEC 197 — Shoalhaven Local Environmental Plan 1985 — Barrister AI
Shoalhaven City Council v South Coast Concrete Crushing & Recycling Pty Ltd
EXISTING USE :- categorisation of current and historic uses - Shoalhaven Local Environmental Plan 1985 - uses categorised as extractive industry and industry - distinction between ancillary use and separate independent use - enlargement, expansion or intensification of extractive industry - appropriate limit on rate of extraction
CONSTRUCTION AND INTERPRETATION :- development consent allowing the "crushing and recycling of waste products" - use of extrinsic materials to interpret development consent
MINES AND MINERALS :- interpretation of "minerals" and "mining operations" under Mining Act 1992 - immunity under s 74 of Mining Act from provisions of the Environmental Planning and Assessment Act 1979 - temporal application of immunity
RES JUDICATA :- inconsistent judgment - prior judgment based upon a concession of parties - party in present case not a party to prior judgment
Case Details
Citation[2009] NSWLEC 197
CourtNSWLEC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
