The result comes after the Land and Environment Court of NSW [LEC] found on October 8 that it "does not have jurisdiction to hear and dispose of the proceedings."

READ MORE: NSW Land and Environment Court set to settle Winburndale dispute

Council commenced court action after being found by NRAR in July last year to have breached their Winburndale Dam licence conditions, which they dismissed as false, and have since endeavoured to prepare an environmental assessment [EA] application to amend the conditions.

Council's general manager David Sherley said "council understands the need to move the matter to the Supreme Court which has the jurisdiction to review the decision in question."

"Council continues to pursue this matter to ensure the city and its residents have access to water supplies for the city from Winburndale Dam and other water sources," Mr Sherley said.

NRAR acting strategic engagement manager Keeley Reynolds said "the LEC was satisfied that it is more appropriate for the proceedings to be heard in the Supreme Court."

READ ALSO: Mismanagement caused platypus extinction in Winburndale Rivulet, says Goldney

"The LEC determined that any costs incurred by NRAR for the matter to have been heard in LEC would be paid at the conclusion of the proceedings," Ms Reynolds said.

Council has been ordered by the LEC to pay NRAR $18,900 at the conclusion of proceedings.

The Winburndale Waters Conservation Group [WWCG] says the move brings the matter no closer to resolution, will continue the huge costs being incurred by council [ratepayers] and will not change the inevitable outcome with regard to the licence conditions.

"So far, the publicly announced costs to be borne by ratepayers include Orange's Premise Consultants [$97,262.50 as of February 23], over $100,000 for additional information requested by NRAR regarding the EA submitted by council and $18,900 in legal costs awarded to NRAR for the LEC action: a total of $216,162.50," WWCG spokesperson Michael Inwood said.

READ ALSO: Winburndale stakeholders press council for further consultation on environmental assessment

"This costly action, initially in the LEC, is regarding a caution given to council over the breaching of their licence conditions for the operation of Winburndale Dam, which caused major water shortages downstream and a local platypus extinction event.

"It seems likely that council will spend half a million dollars of ratepayers money and be no closer to any agreement with stakeholders; councillors are overseeing this huge expense and must ensure they are well informed as to the most probable outcome."

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