While particular circumstances of the case were determinative (i.e. In September last year, a group of Tarras farmers known as the Lindis Catchment Group appealed the regional council's decision to restrict the summer flow of the Lindis River to 900litres/sec. A copy of the notice of appeal must be served on the council, any submitter and applicant (as appropriate) except for the appellant within five working days of the notice being lodged with the Court. The Environment Agencys investigation showed ammonia levels in Fawley Court Ditch were, at worst, double the permitted limits. Search Environment Court decisions online by typing in the search box below and clicking on search. The process started in August 2015 with the notification of Plan Change 5A. v Royal Dutch Shell plc et al as a major … Search Environment Court Decisions. The catchment group is hailing the decision, having long said the original limits would be devastating for farmers and the local economy. Planning and Environment Court. The Environment Court hearing is the latest step in a Plan Change process to set a minimum flow and allocation limit for the Lindis River. Environment for the Kawarau Water Conservation Order. 13 August 2016: ORC releases decision on PC5A . Spencer Green File) FILE - This April 4, 2007 file photo, shows a gas pump in that delivers Ethanol fuel. The council, the farmers and affected parties, including Fish and Game, entered into mediation. Last August, the full 11-member circuit court voted 8-3 to reverse the panel decision and allow the ski area to expand to 777 acres and use the recycled waste water on the holy mountain. %%EOF Otago Regional Council carries out monthly State of the Environment (SOE) water quality testing. As part of their development application, FREE themselves chose to submit a Preliminary Threat & Risk Analysis report prepared by a counter-terrorism consultant. A recent decision of the Queensland Planning and Environment Court (Court) has refused to allow a local government to change its position in a conditions appeal without adequate explanation for the change.. Recent Environment Court Decisions. Otago Regional Council Plan Changes 1, 7 & 8. Circuit Court of Appeals in a lawsuit filed by the Renewable Fuels Association and farm groups. h�bbd``b`:$�@�#�`n . Overview of key dates. The first Environment Agency officer on site on 23 April 2016 could smell the sewage in the brown water. "The real loser in this decision isn't Fish and Game, it's the general public and their right to see and enjoy the benefits of a healthy, free-flowing waterway, one that's thriving and not just surviving.". Environment Court adjourns on Lindis appeal By Mark ... the length of the Lindis River rather than from existing water races are likely to be central to the deliberations of Environment Court Judge Jon Jackson over coming weeks. Under section 290 Resource Management Act 1991 , the Environment Court cancels the decision of the Otago Regional Council dated 13 August 2016 and directs that for the Lindis River: • a minimum flow of 550 I/s at the Ardgour Flow Recorder; and • a primary allocation limit of 1,640 I/s LINDIS CATCHMENT GROUP v ORC - FINAL PC5A . Plan Change 5A: Lindis Environment Court Decision Lessons learned. Supreme Court blocks a California ban on indoor church services The 6-3 decision came with the court’s liberal justices in dissent 4. Judge Jackson yesterday adjourned the hearing of, and reserved the court's decision on, an appeal brought by the Lindis Catchment Group (LCG) and the Otago … The Land and Environment Court of New South Wales (the Court) is the first specialist environmental superior court in the world. Note: Not all court decisions are published. Water users are awaiting the second proceeding from the court on the issue, which is an "application for a suite of water permits to take water from the river". It would be inappropriate to comment further while the decision is in the appeals period.". One year later, in August 2016, after the hearing of submissions, the Otago Regional Council (ORC) released the decision on the Plan Change. A controversial environment court decision regarding minimum flows in the Lindis River has been appealed by Fish & Game. CORE and ICJ welcome landmark UK Supreme Court decision - Nigerian claimants can pursue environmental devastation allegations against Shell in UK courts Today (12 February 2021), the International Commission of Jurists (ICJ) and The Corporate Responsibility (CORE) Coalition UK welcome the judgment of the UK Supreme Court in the case Okpabi et al. I have conducted both my PhD research and other fisheries work and research projects in the upper Clutha catchment, and this included two studies of the trout population in the Lindis River. A spokeswoman for the Environment Court said a date would be set before the end of the year with the hearing held sometime in early 2018. Jeremy Rookes: Regulations knock farmer confidence, Comment: Freshwater changes will come at significant economic cost, Rowarth: Economists urgently needed in freshwater plans, GET THE BEST RURAL NEWS. Another witness reported a number of dead fish and sanitary products in the stream, near to where the pollution occurred. Everything the group had said was vindicated by the decision, he said. Go to Planning and Environment Court decisions [2020] NZEnvC 104 of the Resource Management Act 1991 of an application under section 87G for a suite of resource consents to replace water permits to take water from the Lindis River that expire in 2021 LINDIS CATCHMENT GROUP INCORPORATED (ENV-2018 … Ours was clearly a better option.". The panel also ruled that the proper environmental analysis had not been conducted. 8 August 2015: ORC notifies Plan Change 5A. Tarras farmer Robbie Gibson said the ruling was Central Otago's "Erin Brockovich moment". The Environment Court has backed Lindis River farmers and water users with a potentially precedent-setting minimum-flow decision. Lindis Catchment Group executive member Bruce Jolly, of Ardgour Station, said members were "all fairly elated". 19 February 2009: First community workshop in Tarras 1 April 2014: ORC releases Consultation draft of Plan Change 5A. 417 0 obj <>stream B: Under … Below is the link to decisions by the Planning and Environment Court. endstream endobj 388 0 obj <> endobj 389 0 obj <>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/Type/Page>> endobj 390 0 obj <>stream How the court works. Relying on the decision of a Division Bench in Asha Mishra v.State of UP & Ors. SIGN UP FOR THE COUNTRY NEWSLETTER, Taking a bite: Ngāi Tahu buys into apple business, Dr Jacqueline Rowarth: Why we should be using wool carpets, Brian Fallow: Cutting farm emissions - without cutting farm output, Continuous Disclosure: Fonterra finds favour while a2 Milk slumps. 2 (3) RM17.301.19 to Malvern Downs Limited. Below are links to information about how the court works. 407 0 obj <>/Filter/FlateDecode/ID[<5795CE09A0C05F4992F9845775727A12>]/Index[387 31]/Info 386 0 R/Length 89/Prev 1305239/Root 388 0 R/Size 418/Type/XRef/W[1 2 1]>>stream Council chief executive Sarah Gardner said the council was reviewing the court's judgement. Judge Jackson said this was expected this month. The group now represents about 33 Lindis and Ardgour Valley water users. It was the Land and Environment Court’s decision to dismiss the appeal put forward by the applicant and refuse the development application. The Environment Court has backed Lindis River farmers and water users with a potentially precedent-setting minimum-flow decision. 7 October 2019: EC releases decision on PC5A. Lindis Catchment Group member Bruce Jolly said the farmers were frustrated the issue would be heard as that meant more uncertainty. Judge Jackson said the chosen option achieved the purposes of the RMA and was a "more efficient use of the water". endstream endobj startxref One appeal on the Council’s decisions has been made to the Environment Court (under clause 14 of the First Schedule of the RMA) Proposed Plan Change 5A (Lindis: Integrated water management) has had legal effect from 8 August 2015. The court wanted to know how SSM saw its role in the decision-making according to the Environmental Act. h�b``�b``2e`c`�db@ !FV� �s���),���%Ϋ��eؓ�Y�� ��,�� One year later, in August 2016, after the hearing of submissions, the Otago Regional Council (ORC) released the decision on the Plan Change. The appeal must be received by the Environment Court within 15 working days of receiving the Council's decision. ���҅Clf�6��A$��� �`���p��^g8�p�a��f����#2Ԍ6�2��8h��˽ }@| � ��)r Recent Environment Court Decisions September 2020 [2020] NZEnvC 146 River Terrace Developments Ltd v Central Otago District Council [PDF, 566 KB] [2020] NZEnvC 147 Grant's Motels Limited v Dunedin City Council [PDF, 599 KB] [2020] NZEnvC 148 Donaldson v Queenstown Lakes District Council [PDF, 1.6 MB] [2020] NZEnvC 149 Environmental Defence Society Inc v New Zealand Aluminium Smelters … In a ruling released this week, Judge Jon Jackson set a minimum flow for the river of 550 litres per second and a primary allocation of 1640 litres per second, which are the limits proposed by the Lindis Catchment Group. The Planning and Environment Court hears matters relating to planning and development, protection for environment and coasts, marine parks, conservation areas and more. h޴U�jA�����1W��bH�r���ƚ�Ү�6����Y)Fq����hvg���j����u"kߍ#S@l��p�"d��x�dR`z�\ W����h�����}=��{V��E��W��a^�β:�U�Yo Gu�6�h�~;�$$P�t�9�gّK ��'���v6��I�tլ�6�Y&�^V�T��WշMBɩq���J����"��JV�zѵK�a������{��U.��C���Wpv�|j�|���e�L��Lpú��SgyZ������������b1��R ��+4:on��y. The Environment Court has backed Lindis River farmers and water users with a potentially precedent-setting minimum-flow decision. Planning and Environment Court. The Environmental Protection Agency said it is reversing course and will support a January 2020 decision by the Denver-based 10th U.S. This will cancel the limits set by Otago Regional Council-appointed commissioners of a minimum flow of 900 litres per second and a primary allocation of 1200 litres per second. The regional council eventually changed its position last year and sided with the catchment group's flow recommendations after mediation, but Fish and Game stuck with its support of the original decision. Where available, they are published on the Supreme Court Library Queensland website. The commissioners released their final decision in 2016, which later that year was appealed by the catchment group. Overview of key dates. "The content is very complex and there could be implications for how the water plan for Otago is interpreted in future.". About Planning and Environment Court. [2020] NZEnvC 112 of the Resource Management Act 1991 of an application under section 87G for a suite of resource consents to replace water permits to take water from the Lindis River that expire in 2021 LINDIS CATCHMENT GROUP INCORPORATED (ENV-2018 … In a ruling released this week, Judge Jon Jackson set a minimum flow for the river of 550 litres per second and a primary allocation of 1640 litres per second, which are the limits proposed by the Lindis Catchment Group. The Environment Court hearing is the latest step in a Plan Change process to set a minimum flow and allocation limit for the Lindis River. Hopefully, this has got to the end of it.". Some matters before the Environment Court have a high level of public interest or a large number of interested parties. The search box will take you to the New Zealand Legal Information Institute (NZLII) Database. In a ruling released this week, Judge Jon Jackson set a minimum flow for the river of 550 litres per second and a primary allocation of 1640 litres per second, which are the limits proposed by the Lindis Catchment Group. When this occurs, the Court may make case information more readily available to the public and the parties through cases online. He was "absolutely surprised" the group could not reach an agreement with Fish and Game. The current petition asks the U.S. Supreme Court to review that decision. >! Fish and Game Otago chief executive Ian Hadland said the organisation was "obviously very disappointed". "It's something that has been dragging on for years. Upper Lindis area State of the Environment (SOE) water quality testing results This information sheet gives you details about the quality of the water in your catchment. Queensland Government legislation regulates whether you have the right to appeal a decision to, or seek a ruling from, the Planning and Environment Court (P and E Court), as well as the process you need to follow. The court wanted to know why SSM stated that it was “plausible to show” only and not that “it is shown” as is required according to the “General rules of consideration”. (AP Photo/M. SEVENTH DECISION (OUT-OF-LINDIS-CATCHMENT CONSENTS – FINAL) A: Under sections 87G, 104, 104B and 108 of the Resource Management Act 1991, the Environment Court grants the following water permits on the terms and conditions in the Schedule: (1) RM17.301.08 to Cluden Station Limited; (2) RM17.301.10 to Jolly Family Trust; and . "It didn't take too much to see that there was very little room for them to debate it. 387 0 obj <> endobj The implications of the decision were "huge" for other catchments, he said. This month Judge Jon Jackson set a minimum flow for the river of 550 litres per second and a primary allocation of 1640 litres per second, which are the limits proposed by the Lindis Catchment Group. This section contains information about how the Planning and Environment Court … The process started in August 2015 with the notification of Plan Change 5A. The original minimum flows would have caused "severe social and economic degradation" to the area, he said. Alongside the proposed minimum flows the group said it would replace water races with a more efficient system of bores. 0 I am also a co-supervisor for Mr Morgan Trotter who is completing his MSc studying trout in the Lindis River. Read recent decisions issued by the Environment Court. The P and E Court’s powers and procedures are also regulated by state legislation. The Environment Court has backed Lindis River farmers and water users with a potentially precedent-setting minimum-flow decision. It planned to hold a special meeting next weekend to discuss its options. "We note the decision is only for one part of the case before the court. It did not want to comment too much in case it decided to review the decision, he said. '$@;�`����D�2�X�@�J�Q�@�� �ȹ����(d100C�g��` fz4 BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: IN THE MATTER AND BETWEEN AND Decision No. BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: IN THE MATTER AND BETWEEN AND Decision No. In a ruling released this week, Judge Jon Jackson set a … ;2017 (1) UPLBEC 261, the Court held, "Such matters must be left to … How the Planning and Environment Court (P and E Court) works, including types of proceedings and matters heard, where the court sits, and links to information about starting proceedings %PDF-1.6 %���� Appeals closed 30 working days after service of the notice of decision. It was established on 1 September 1980 by the Land and Environment Court Act 1979 (the Court Act).
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