New South Wales Consolidated Acts

BOTANY AND RANDWICK SITES DEVELOPMENT ACT 1982 - SECT 4

4 Termination of proceedings

(1) Any proceedings in any court (including the proceedings in Gwynvill Southpoint Pty Limited, Burns Philp Trustee Company (Canberra) Limited and Australian Mutual Provident Society v The Council of the Municipality of Botany, the Minister for Planning and Environment, R. B. Smyth, Westfield Developments Pty Limited and W.D. & H.O. Wills (Australia) Limited, No 40075 of 1982 , in the Land and Environment Court) pending immediately before the date of assent to this Act in relation to:

(a) any of the planning instruments in so far as they apply to any of the land to which the relevant instruments apply,

(b) any development application or grant of consent referred to in section 3 (2), or

(c) any associated matters,

are terminated.

(2) Except in so far as the parties to any proceedings referred to in subsection (1) otherwise agree, the costs of or incidental to the proceedings incurred by a party to the proceedings shall be borne by the party, and shall not be the subject of any contrary order of any court.

(3) Notwithstanding anything in subsection (2), the Treasurer may, in his absolute discretion, pay from the Consolidated Revenue Fund to any party to any proceedings referred to in subsection (1) the whole or any part of any amount that the Attorney General, on application made to him in writing by or on behalf of that party, certifies as being the costs of or incidental to the proceedings reasonably incurred by that party up to the time of their termination by subsection (1).

(4) Nothing in subsection (1) applies to an appeal under section 97 of the Principal Act.