State of South Australia v Honourable Peter Slipper MP [2004] FCAFC 164

FEDERAL COURT OF AUSTRALIA

State of South Australia v Honourable Peter Slipper MP [2004] FCAFC 164 ADMINISTRATIVE LAW – compulsory acquisition of land – review of decision to issue certificate of urgency – proposed nuclear waste repository – whether open to Minister to be satisfied of 'urgent necessity for the acquisition' – whether open to the Minister to be satisfied 'it would be contrary to public interest' for acquisition to be delayed ADMINISTRATIVE LAW – procedural fairness – giving of the acquisition certificates – whether right to procedural fairness excluded as a matter of statutory construction – assistance derived from extrinsic materials in providing context in which Act to be construed – whether a situation of exceptional urgency such that the exercise of the s 24 and s 41 powers conjointly obviated procedural fairness requirement STATUTORY CONSTRUCTION – Lands Acquisition Act 1989 – s 42 and s 24 – whether proposed creation by State of public park capable of giving rise to 'urgent necessity for the acquisition' – whether operation of the Act according to its terms can constitute an 'urgent necessity for the acquisition' – whether operation of Act according to its terms can be 'contrary to the public interest' STATUTORY CONSTRUCTION – Lands Acquisition Act 1989 – s 24 – whether service on persons affected by the certificate a prerequisite to exercise of power of compulsory acquisition CONSTITUTIONAL LAW – compulsory acquisition – whether Minister exercised statutory power in a manner inconsistent with will of the legislature – whether statutory power used to avoid legislative restriction on power of compulsory acquisition – whether statutory power used for improper purpose NATIVE TITLE – acquisition of native title rights and interests – exceptions to right to negotiate – whether duty to communicate a 'statement' as to the purpose of acquisition – whether a nuclear waste repository an 'infrastructure facility'