› carrying out development contrary to development consent
› construction of development consent
› whether development application and environmental impact statement incorporated into the development consent
› held that there was uncertainty or ambiguity on the face of the consent and that therefore there was incorporation by necessary implication
Civil Enforcement
› carrying out development contrary to conditions of consent
› whether conditions validly imposed on development of quarry
› whether quarrying restricted to confined area
› whether quarrying on lot 6 permissible under development consent
› development consent did not contemplate quarrying on lot 6, but merely ancillary activities
› regard had to plan accompanying environmental impact statement
Civil Enforcement
› carrying out development contrary to conditions of consent
› whether conditions validly imposed on development of quarry
› condition-less approval not granted
› conditions imposed following the approval of the development applicant, a government authority, to those conditions: Environmental Planning and Assessment Act 1979 s 91A
Civil Enforcement
› carrying out development contrary to conditions of consent
› whether condition requiring that all environmental safeguards proposed for the development are enforced
› explanation of environmental safeguards proposed found in incorporated environmental impact statement
› numerous environmental safeguards not complied with
› condition 7 of consent breached
Case Details
Citation[2018] NSWLEC 153
CourtNSWLEC
JurisdictionNew South Wales
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