Planning and Environment Court

Swan v Santos GLNG Pty Ltd & Ors [2017] QPEC 002 (15/80) Robertson DCJ 3 February 2017

Full-text: QPEC17-002.pdf

Catchwords

PLANNING AND ENVIRONMENT; ENVIRONMENTAL LAW: Where applicant asserts that the first three respondents have breached Environmental Authorities affecting his land imposed in relation to the Gladstone Liquefied Natural Gas Transmission pipeline that was constructed over part of the land in 2013 2014; where the applicant seeks orders pursuant to s505(5) of the Environmental Protection Act 1994

PARTICULARS: where first three respondents assert that the case presented against them was never properly particularised by the applicant as to the offences alleged to have been committed, and the dates and facts and circumstances of such offences

STATUTORY INTERPRETATION: where Environmental Authorities issued under the EPA are Statutory Instruments and to be construed in accordance with general principles of statutory construction

NO CASE TO ANSWER: where respondents filed a no case application prior to trial which was heard as part of the trial process; whether the respondents had a case to answer in the absence of proper particulars and/or where remedies sought were incompetent and beyond the jurisdiction of the Court