SITE REMEDIATION CASE WON AFTER LAW ON WHICH CASE FOUGHT AMENDED

03/14/2011

Critics of a new multi-billion dollar development in Barangaroo, a Sydney suburb, will file a new claim to stop construction after a last-minute law change exempting Barangaroo projects from site remediation planning laws thwarted their previous case. Justice Peter Biscoe in the Land and Environment Court allowed the work to proceed only after Planning Minister Tony Kelly changed the applicable law just days before a decision was due. ''[Kelly] could have exercised his power to make the amendment at any time after the commencement of proceedings, if not before,'' an upset Justice Biscoe said. ''The amendment changed the law on which the case had been fought. The timing of the amendment, almost two weeks after the conclusion of the hearing, has not been explained . . . [and] considerable legal costs and resources have been wasted by the applicant." Biscoe ordered that the defendant must pay court costs. "We want to see a transparent system where people live by the rules and the rules don't get changed halfway through," said Kirsty Ruddock, from the Environmental Defenders Office. For the full story, see http://www.smh.com.au/nsw/judge-says-minister-changes-barangaroo-rules-20110310-1bpt3.html. For background on the project, see http://www.bloomberg.com/news/2011-03-08/lend-lease-receives-state-approval-for-barangaroo-proposals.html. For Sydney City Council's response, see http://www.dailytelegraph.com.au/nsw-election-2011/demands-over-barangaroo-land-cynicism/story-fn7q4q9f-1226017336733. For more on Kelly's action, see http://www.smh.com.au/nsw/kelly-defied-advice-on-barangaroo-exemption-20110303-1bgi5.html.