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May 7, 2021

Tweed water miners win court stay

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Trucks loading up at the Karlos water mining facility in Urliup Road. Photo TWA

Water mining on land owned by the Karlos family in Urliup will continue over Christmas and at least up until Easter after the business won a stay of proceedings in the NSW Land & Environment Court on Friday (December 21).

The court heard an appeal by Eniflat Pty Ltd on the Development Control Order Council issued over the company’s water extraction business at 477 Urliup Road.

The order was issued after Council refused the company’s development application DA18/0910 on December 6.

It is one of a number of development applications the Karlos family have applied for in what Tweed Mayor Katie Milne told Echonetdaily last week was a ‘scattergun’ approach.

Mayor Milne said ‘I have been advised that there is a number of other DAs (development applications) for variations of truck size and number of trucks that will also be lodged.’.

The order sought to have the applicant ‘stop any illegal activity and demolish certain structures [believed to be water tanks] that have not received development consent,’ Tweed Council said in a statement, after the court decision.

The applicant appealed the order on the basis that the DA (which sought approval for the use of structures and water extraction) is now also under appeal before the NSW Land & Environment Court.

The NSW Land & Environment Court agreed to stay the order until the court determines that appeal.

The water extraction DA matter is scheduled for hearing on 16, 17, and 18 April 2019.

At an Extraordinary Council Meeting on Friday (December 21) Council resolved to defend the appeal in regard to the DA.

 


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