Judge’s call fails to end war on water
THE war between water extraction business owners and Tweed Shire Council has been extended after a non-decision in court this week.
The Karlos family’s water extraction business and the council have been at odds over alleged non-compliance, the council rejecting a request to allow bigger trucks to cart water and environmental differences.
On Wednesday, a NSW Land and Environment Court judge found he did not have the jurisdiction to make a decision between the two fighting parties.
The Karlos family wanted to amend its 2003 development approval so it could use 19m trucks instead of 6m ones.
In response to alleged breaches of the Karloses’ development application, councillors last month voted to enforce a stop work and demolish order pending the court’s decision.
On Thursday night, councillors did not pull the trigger on the stop work and demolition order, instead voting to seek more legal advice.
Matthew Karlos said the court’s decision was not a green light to shut down his business.
“We maintain we are fully legal, fully compliant and fully licensed,” he said.
“We are going to immediately lodge a new development application in order for council to recognise its own widening and improvement of the road (to the business) and the economic reality we are allowed to take 65ML of water a year.”
The Karlos family has approval from NSW Water to extract 65ML a year but that is not written in its current 2003 council approval.
Judge Tim Moore stated the family had breached its approval.
“Two conditions imposed a maximum rate of extraction of 5ML of water per year for this purpose,” he wrote.
“It is clear, from the way Mr Karlos is currently operating his water extraction activities, that this limit is being breached significantly.”
The judge went to great lengths to clarify the court could not enforce or punish the Karlos family for the breach.
Tweed Shire Council declined to comment.