New South Wales Consolidated Acts

BLUE MOUNTAINS LAND DEVELOPMENT (SPECIAL PROVISIONS) ACT 1985 - SECT 4

4 Termination of proceedings

(1) Any proceedings in any court (including the proceedings in:

(a) Annie Winters v The Council of the City of Blue Mountains, The Minister for Planning and Environment, Leura Golf Club Limited, Fairmont Resort Pty. Limited, Cann’s Albury Pty. Limited and Richard Barnsley Smyth, Director of Environment and Planning, in the Supreme Court of New South Wales, Court of Appeal No C.A. 17 of 1985 (LEC 40126 of 1984) , and

(b) Malcolm Graham Gainsford and Joanna Carroll v The Council of the City of Blue Mountains and the Honourable Robert Carr, Minister for Planning and Environment, No 40206 of 1984 , in the Land and Environment Court),

pending immediately before the date of assent to the Act in relation to:

(c) any of the planning instruments in so far as they apply to the relevant land (whether or not the instruments apply to any other land),

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

(e) 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 the absolute discretion of the Treasurer, pay from the Consolidated 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 the Attorney General 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.