❓ This WA parliamentary question seeks details on legal actions involving the Department of Conservation and Land Management, the Water and Rivers Commission, and related entities in 2002 and 2003. The answer provides a list of court cases, including workers' compensation, public liability, and environmental matters.
AnsweredQoN 608Legislative Council
QuestionView source ↗
(b) 2002; or (c) 2003?
(c) 2003?
(c) 2003?
AnswerView source ↗
Answered
7 May 2003
Responded by
Minister for Housing and Works representing the Minister for the Environment and Heritage
Response time
36 days
Department of Conservation and Land Management Details of actions involving the Conservation Commission of WA are detailed in the Department of Conservation and Land Management’s response. The following answer does not include prosecutions under the Wildlife Conservation Act. (1) (a-c) Yes (2) Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Details of actions involving the Conservation Commission of WA are detailed in the Department of Conservation and Land Management’s response. The following answer does not include prosecutions under the Wildlife Conservation Act. (1) (a-c) Yes (2) Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
The following answer does not include prosecutions under the Wildlife Conservation Act. (1) (a-c) Yes (2) Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-c) Yes (2) Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(a-c) Yes (2) Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(2) Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-c) Nil (2) Not applicable
(a-c) Nil (2) Not applicable
(2) Not applicable
Details of actions involving the Conservation Commission of WA are detailed in the Department of Conservation and Land Management’s response. The following answer does not include prosecutions under the Wildlife Conservation Act. (1) (a-c) Yes (2) Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
The following answer does not include prosecutions under the Wildlife Conservation Act. (1) (a-c) Yes (2) Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-c) Yes (2) Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(a-c) Yes (2) Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(2) Workers Compensation: District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 3052/01: J Gallager - v - Executive Director Department of Conservation and Land Management Date of Injury: 13 October 1999 Status: Finalised 14 March 2002 District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 1345/02: F. Ainsworth - v - Executive Director Department of Conservation and Land Management Date of Injury: 1 March 1998 Status: Open Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Public Liability: District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 1020/91: S. O’Connor - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries Incident Date: 18 February 1990 Status: Finalised 9 January 2002 District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action: M. Uyen - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 15 September 1994 Status: Finalised 11 June 2002 District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 3522/97: McFarlane & Others - v - State of WA; Shire of Augusta Margaret River; Executive Director Department of Conservation and Land Management; Minister for Education Nature of Claim: Fatalities (Gracetown Cliff Collapse) - Alleged Negligence Date of Incident: 27 September 1996 Status: Open Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Supreme Court Action 1232/00: Smith & Armstrong - v - Executive Director Department of Conservation and Land Management Nature of Claim: Property Damage - Alleged Negligence Date of Incident: 3 January 1997 Status: Plaintiffs Discontinued 11 September 2002 (costs to be awarded to Defendant) District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 680/01: R. Brown - v - Executive Director Department of Conservation and Land Management Nature of Claim; Personal Injuries - Alleged Negligence Date of Incident: 4 January 1997 Status: Open District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 4433/97: D. Hudson - v - State of WA and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 1 June 1997 Status: Finalised 23 March 2001 District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 808/01: C. Icanovski - v - State of WA Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 7 October 1997 Status: Open District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court Action 226/00: B. Musham - v - Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 27 September 1998 Status: Finalised 17 June 2002 District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
District Court of Bunbury Action 57/00: L. Spry - v - Mitting & Sons and Executive Director Department of Conservation and Land Management Nature of Claim: Personal Injuries - Alleged Negligence Date of Incident: 12 March 2000 Status: Finalised 18 January 2002 Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Civil Action: Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Supreme Court Action CIV2522 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of Claim: Application for Writ of Certiorari to quash a series of decisions in relation to the granting of commercial activity licences for access and use of Yardie Creek in Cape Range National Park. Result: 23 November 2001, Application refused. Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Supreme Court Action CIV2370 of 2000 McGregor vs Executive Director Department of Conservation and Land Management, National Parks and Nature Conservation Authority and the Conservation Commission of WA Nature of claim: Unspecified damages in relation to the granting of licences granted to certain commercial tour operators for access and use of Yardie Creek in Cape Range National Park. Status: Open Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Department of Environmental Protection, Water and Rivers Commission (1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(a-c) Yes (2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(2) Kostanich & Ors v Shire of Carnarvon, Water and Rivers Commission & Ors Supreme Court Action CIV 1337 of 2001 An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
An action for damages relating to the March 2000 Gascoyne River flood. The plaintiffs are plantation owners claiming flood damage to their properties was caused or contributed to by negligence, breach of statutory duty or nuisance on the part of the defendants. A defence has been filed and discovery of documents proceeding. Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Antony John Elwood v Pioneer Concrete and the Minister for the Environment Supreme Court Action CIV 2181 of 2001 The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
The Minister is a party only to ensure that the interests of the Government in relation to the application of the Environmental Protection Act 1986 are adequately conveyed. No orders are currently sought against the Minister. Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Re: Environmental Protection Authority : Ex parte Sandbourne Holdings Pty Ltd 2002 WASCA 75 An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
An application for a Writ of Certiorari to quash the decision of the EPA to assess a proposal to subdivide land at Malaga. Held: the order nisi dismissed and the injunction restraining the EPA from taking further steps to consider or assess the subdivision lifted. The subdivision proposal being assessed by the EPA was in fact a different proposal from the original Town Planning Scheme on which the EPA commented but did not assess. Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Sulman and Ors v the State of Western Australia & Ors District Court Action No. 1620 of 2002 An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
An action for damages, interest and costs for injury and property damage between November 1997 and November 1999, whilst the plaintiffs lived near the Mirrabooka Waste Disposal site, Mirrabooka and which damages occurred as the result of the negligence and/or breach of statutory duty of the defendants. The action is in the preparation for trial stage. Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Re: Environmental Protection Authority: Ex parte Greendene Development Corporation Pty Ltd Supreme Court Proceedings CIV 1320 of 2003 An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
An application for a Writ of Certiorari and a declaration against the EPA to quash the EPA decision to assess the proposal. Issues include whether an approved subdivision may be assessed by the EPA. Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Heritage Council of Western Australia As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
As the Minister for the Environment and Heritage, as the decision maker in terms of the Heritage of Western Australia Act 1990, I have been represented by the Crown Solicitor’s Office in Court: (1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(a-b) No (c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(c) Yes (2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(2) Streeter’s Jetty Broome There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
There is a matter currently before the Supreme Court at present relating to a challenge to the permanent entry in the Register of Heritage Places for Streeter’s Jetty in Broome. The matter is yet to be determined. The Crown Solicitor’s Office is representing the defendant, Minister for the Environment and Heritage, in the matter. It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
It is assumed for the purposes of answering this question that matters before the Town Planning Appeals Tribunal do not qualify as litigation or other Court action and therefore have not been included. AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
AqWest Bunbury (1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(a-c) Yes (2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(2) The statistics provided with our response to part (1) (a-c) all relate to Aqwest being the plaintiff in legal action against debtors for the recovery of outstanding water rates and water consumption charges. Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Botanic Gardens and Parks Authority (1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(a-c) Yes (2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(2) The court actions relate to prosecutions arising from non payment of fines, following the issuing of infringements for breaches of Botanic Gardens and Parks Authority Regulations. Such breaches are mostly confined to illegal parking. Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
Office of Water Regulation, Perth Zoo, National Trust of Western Australia, Busselton Water Board (1) (a-c) Nil (2) Not applicable
(1) (a-c) Nil (2) Not applicable
(a-c) Nil (2) Not applicable
(2) Not applicable
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Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.