Beston Park Management Pty Ltd v Snowy Monaro Regional Council

Land and Environment Court New South Wales Medium Neutral Citation: Beston Park Management Pty Ltd v Snowy Monaro Regional Council [2016] NSWLEC 1513 Hearing dates:Conciliation conference on 6 October 2016Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction:Class 1Before: Dickson C Decision: See [5] below Catchwords: APPEAL AGAINST DIRECTION: to take preventative action - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Protection of the Environment Operations Act 1997 Cases Cited: Nil Texts Cited: Nil Category:Principal judgmentParties: Beston Park Management Pty Ltd (Applicant) Snowy Monaro Regional Council (Respondent) Representation: Solicitors: Mr S Griffiths, Pikes & Verekers Lawyers (Applicant) Mr A Bradbury, Bradley Allen Love Lawyers (Respondent) File Number(s):2016/00203016Publication restriction:NoJudgment COMMISSIONER: This is an appeal, under s289 of the Protection of the Environment Operations Act 1997, against the direction to take preventative action served on Beston Park Management Pty Ltd by Snowy Mountains Regional Council on 17 June 2016. The direction detailed action the applicant was required to undertake, and an associated timetable, in relation to the disposal of sewerage and waste water. In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the...