APPEAL — modification application — conciliation conference — agreement between the parties — orders
Quick Take
1Under s 34(3) of the Land and Environment Court Act 1979, the Court must dispose of proceedings in accordance with the parties' agreed decision provided it is one the Court could have made in the proper exercise of its functions; the relevant inquiry is whether there is a jurisdictional constraint, not a full merits assessment (applying McMillan v Taylor [2023] NSWCA 183 at [62]-[65]).
2The evaluative considerations in s 4.15(1) of the EPA Act called up by s 4.55(3) are not jurisdictional constraints and do not require a finding by the Court when disposing of s 34 agreement matters.
3Section 4.55 of the EPA Act is a 'free-standing provision' (North Sydney Council v Michael Standley & Associates (1998) 43 NSWLR 468); relevant environmental planning instruments are not ignored but do not by their construction provide a statutory bar to modification.
