Canberra Tradesmen's Union Club Inc v Commissioner for Land & Planning [1999] FCA 262

FEDERAL COURT OF AUSTRALIA

Canberra Trademen's Union Club Inc v Commissioner for Land & Planning

[1999] FCA 262

ADMINISTRATIVE LAW – judicial review of decision of Commissioner for Land and Planning and of decision of Administrative Appeals Tribunal affirming decision of Commissioner for Land and Planning – prerogative relief in relation to decision of Commissioner for Land and Planning – decision of Commissioner to approve variation of Crown lease allowing certain premises to be used for "club" purposes – "preliminary assessment" – whether presence of preliminary assessment a "jurisdictional fact" in relation to decision of Commissioner – whether delegate of Minister wrong in deciding preliminary assessment not required – premises include site of Canberra Casino – use of "gaming machines" in Casino prohibited by Casino Control Act 1988 (ACT) – whether use of premises for "club" purposes unlawful – whether Commissioner took into account government policy on use of premises for "club" purposes – jurisdiction – whether decision of Commissioner excluded from review by Administrative Appeals Tribunal by Land (Planning and Environment) Regulations (ACT) reg 24 – standing of appellants before Administrative Appeals Tribunal to seek review of decision of Commissioner - whether "rights" or "interests" of appellants "substantially and adversely affected" – whether law of standingapplicable in relation to an administrative process is law prevailing at time decision is made WORDS AND PHRASES – "jurisdictional fact" – "substantially and adversely affected" Australian Heritage Commission Act 1975 (Cth) s 23 Administrative Decisions (Judicial Review) Act 1989 (ACT) Casino Control Act 1988 (ACT) ss 3(1), 4(1), 71, 76 Gaming Machine Act 1987 (ACT) s 4, s 30B Land (Planning and Environment) Act 1991 (ACT) ss 8, 111, 113, 114, 222, 231, 276, 282 Land Titles Act 1925 (ACT) Liquor Act 1975 (ACT) Land (Planning and Environment) Regulations (ACT) reg 24, Schedule 7, item 8 Gaming Machine (Amendment) Bill (No.2) 1997 (ACT) The Territory Plan (ACT) Schedule II.1 Australian Heritage Commission v Mount Isa Mines Limited (1997) 187 CLR 297 distinguished Timbarra Protection Coalition Inc v Ross Mining NL [1999] NSWCA 8 distinguished Canberra Tradesmen's Union Club Inc v Minister for the Environment, Land and Planning (Higgins, Heerey and Mansfield JJ, Federal Court of Australia, 18 September 1998, unreported) Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Re Costello (1979) 2 ALD 934 cited Esber v The Commonwealth (1992) 174 CLR 430 cited