Friday, 27 September 2019

Weekly Environmental LawA Weekly Bulletin listing Decisions

of Superior Courts of Australia covering Environmental Law

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Executive Summary (1 minute read)

G Capital Corporation Pty Ltd v Roads and Maritime Services (NSWCA) - compulsoryacquisition of land - appeal against determination of separate questions - leave to appealagainst one of two questions allowed - appeal dismissed

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Summaries With Link (Five Minute Read)

G Capital Corporation Pty Ltd v Roads and Maritime Services [2019] NSWCA 234Court of Appeal of New South WalesMeagher, Gleeson & McCallum JJACompulsory acquisition of land - separate questions - property of first applicant and property ofsecond applicant compulsorily acquired by respondent - proceedings concerned determinationof compensation to which applicants entitled - primary judge answered ’two separatequestions’ in the negative - questions were: ’whether there was any “actual use of land”’ byapplicants which would disentitle them to compensation under s59(1)(f) Land Acquisition (JustTerms Compensation) Act 1991 (NSW) (Just Terms Act) (first question) and whether, on basisof contracts for properties’ sale, compensation was to be confined to calculation with regard’only to matters arising under’ ss55(d) & 59(1)(f) Just Terms Act (second question) -applicants, under s57(1) Land and Environment Court Act 1979 (NSW), sought to appeal - held:leave to appeal granted in respect of first question - appeal dismissed.View Decision[From Benchmark Wednesday, 25 September 2019]

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The Brook By: Lord Alfred Tennyson I come from haunts of coot and hern,I make a sudden sallyAnd sparkle out among the fern,To bicker down a valley. By thirty hills I hurry down,Or slip between the ridges,By twenty thorpes, a little town,And half a hundred bridges. Till last by Philip's farm I flowTo join the brimming river,For men may come and men may go,But I go on for ever. I chatter over stony ways,In little sharps and trebles,I bubble into eddying bays,I babble on the pebbles. With many a curve my banks I fretBy many a field and fallow,And many a fairy foreland setWith willow-weed and mallow. I chatter, chatter, as I flowTo join the brimming river,For men may come and men may go,But I go on for ever. I wind about, and in and out,With here a blossom sailing,And here and there a lusty trout,And here and there a grayling, And here and there a foamy flakeUpon me, as I travelWith many a silvery waterbreak

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Above the golden gravel, And draw them all along, and flowTo join the brimming riverFor men may come and men may go,But I go on for ever. I steal by lawns and grassy plots,I slide by hazel covers;I move the sweet forget-me-notsThat grow for happy lovers. I slip, I slide, I gloom, I glance,Among my skimming swallows;I make the netted sunbeam danceAgainst my sandy shallows. I murmur under moon and starsIn brambly wildernesses;I linger by my shingly bars;I loiter round my cresses; And out again I curve and flowTo join the brimming river,For men may come and men may go,But I go on for ever. https://en.wikipedia.org/wiki/Alfred,_Lord_Tennyson

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