Anderson & Anor v Director-General, Department of Environment and Climate Change & Anor

There is a long history to this matter. EDO NSW acted for the Andersons in an earlier case challenging the validity of a consent issued by the Director-General of the Department of Environment and Conservation, allowing the destruction of Aboriginal cultural heritage for a residential subdivision (see past cases). Subsequently, the Andersons have successfully challenged two further re-determinations to grant the consent, and also successfully challenged the grant of development consent by the Minister for Planning. In recent proceedings, the Andersons lost a further challenge to a determination by the Minister for Planning to grant development consent for the residential subdivision.

These proceedings, which were heard in April, challenged a fourth consent allowing the destruction of Aboriginal objects on the site of the proposed subdivision. The challenge was unsuccessful.

Case Summary Judgment