Castro v Council of the Shire of Douglas & Anor [1994] QPEC 34

- -- ef'J~- 2 '°Tlf (034 :Y!Ji; State RePbrting Bureau .------------------------------------------- ~,----------------------------------------- TRANSCRIPT OF PROCEEDINGS (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau.) PLANNING AND ENVIRONMENT COURT JUDGE DALY Appeal No 21a of 1991 ANTON CASTRO and COUNCIL OF THE SHIRE OF DOUGLAS and HARTLEY'S CREEK CROCODILE FARMING COMPANY PTY LTD CAIRNS .. DATE 10/03/94 JUDGMENT _.. ~-- .__ - -- -.. -. ,._ ·-: ·--~•~--•:·•-::': ,-· •'- •• :·.•.•i·!-: -; : -.;:., ',, ,:_ - .--- ', -.-_ ,: .,...:-.~. ";-, . '- --:.... .•• - ..•.· ._._.,:: :·· - --- .•. RE\JJSED CC.:1 P!~S !SSUED State R,:spoit:r.; 2ure:iu Appellant Respondent Respondent by Election -- 1 of 4 -- . - -- - ·tt:i 00394 ::; - HIS HONOUR: This is an application for modification of an area which was the subject of an appeal to this Court, and is, •• therefore, a matter which must be restored to the Court for __ :~~'""~~-- 0 consideration -- before the modification can take place. It is_- a modification to the particular boundaries of land proposed to be re-zoned. The area is usefully set out in a plan which is exhibited to the material and, in fact, an enlarged copy of which has been handed to me. It is obvious from reading the material that, for excellent reasons, there have been substantial negotiations between parties interested in the area in question and the developer, with a view to providing the retention, in the public interest, of areas subject to particularly rare vegetation, and a further area which is subject to the interests of an Aboriginal tribe who have interests in the area. The material shows that those negotiations were extensive and, undoubtedly, properly conducted, and have resulted in agreement between all those concerned, including those concerned with historical Aboriginal artefacts and locations. The area shown on the plan is of lesser size than the original area, and for that reason, the council is content to abide the order of the Court in respect of such modification. I am satisfied, on the material before me, that it is an 10 20 30 40 50 appropriate case in which one should exercise the powers granted to this Court to reconsider orders made in -~!1-~:__ c~urse ····-:::. : ·.-·, .. : __:.T'f- ..~.:..--.. ~~~·~.-.: --.. : • '!-.. -: _-.:· ., .: ; :••:- . :... • • ..•.. l ' • - -- -:", · :-· ./·;; ' , ..- , :~_.. :· :::_ . -··· ~.,-. . ,~:_ ~~: ;·· ~.. .~ - ·•. ,_ - ~"' of_the cburt's jurisdiction. -- 2 of 4 -- :j. 100394 I am satisfied that there is authority which clearly points to such jurisdiction existing. In all those circumstances, I am satisfied that this is a case in which the order sought should ·___ .:..._~~..:_.·-be-made, and·-I make-the- orders contained in a draft which will be initialled by me, and placed with the papers. 10 20 30 40 50 ''i';:. ;i~--. - , ..·-.· ·~- :· •' ... .. . _;_ ·'. ;,. ;;;.,."·_· .----··--···-· ··•· •·· ·-·--:: -~·0.:.·.;_---:.·~--~:~~:~-=·:_:: -~"'- .. • • ""'• •e •-•••• •- -•-• • ••--•-••~•-•• • ~---.........,... )...~..-~.,.::H-- ... ·--u.•,~,---,."•;;~-... ,-·••,- .. - ··•·•··•· ... . . • ••• JUDGMENT ... !til¾l~!IiI~~~li~JF~t~!~i;b,~;I;,0;~~~::%~:~2~?:.'._.\-::~F~E;,~~::~ -- 3 of 4 -- i . 035 -- 4 of 4 --