Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Village Building Co Limited v Airservices Australia [2007] FCA 1242 ADMINISTRATIVE LAW – airports – draft Australian noise exposure forecast (ANEF) submitted by airport operator to Airservices Australia for endorsement – whether Airservices in performing its obligations under s 9(2) of the Air Services Act 1995 (Cth) must examine all the underlying assumptions on which a draft ANEF is based – whether examination for technical accuracy sufficient – effect of the Airports Act 1996 (Cth) on Airservices' power or function to endorse an ANEF – whether an ANEF can be made for a period in excess of the 20 year planning period provided by s 72 of the Airports Act – whether an endorsement given under the Air Services Act in the exercise of a function directed by the Minister to be performed is an endorsement in the manner approved by the Minister for the purposes of a later enactment, the Airports Act WORDS AND PHRASES – 'ensure' – 'as far as is practicable' – 'endorsed in the manner approved by the Minister' HELD – application dismissed with costs Airports Act 1996 (Cth) ss 5, 71, 72, 73, 78(2A) Airports Regulations 1997 (Cth) reg 1.04 Air Services Act 1995 (Cth) ss 8(1), 9(2), 16 Clayton v Heffron (1960) 105 CLR 214 followed Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 35 followed THE VILLAGE BUILDING CO LIMITED v AIRSERVICES AUSTRALIA & ANOR ACD 25 OF 2007
RARES J
15 AUGUST 2007
SYDNEY (VIA VIDEO LINK TO CANBERRA) (HEARD IN CANBERRA) IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 25 OF 2007
BETWEEN: THE VILLAGE BUILDING CO LIMITED
ACN 056 509 025
Applicant
AND: AIRSERVICES AUSTRALIA
First Respondent
CANBERRA INTERNATIONAL AIRPORT PTY LTD
ACN 080 361 548
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate