Walden v Administration of Norfolk Island [2007] NFSC 7

SUPREME COURT OF NORFOLK ISLAND

Walden v Administration of Norfolk Island [2007] NFSC 7

PROPERTY – property listed in the Heritage Register – whether land is adversely affected by its inclusion – whether land be removed from the Register – 1988 Conservation Management Plan – operation of the Heritage Act 2002 – heritage proposal and variation process – operation of the Norfolk Island Plan 2002 – whether unlawful acquisition of property without compensation – procedural fairness – whether decision-maker under a duty to notify person affected of any rights of challenge – whether criteria must be applied to the portion in question

The Constitution (Cth) s 51 (xxxi) Heritage Act 2002 (NI) ss 6, 7, 11, 12, 13, 14, 15 Land Titles Act 1996 (NI) Norfolk Island Act 1979 (NI) ss 13, 19 Norfolk Island Planning Act 2002 (NI) Norfolk Island Planning and Environment Board Act 2002 (NI)

Chapman v Luminis Pty Ltd (No 4) (2002) 123 FCR 62 Considered Commonwealth of Australia v Tasmania (1983) 158 CLR 1 Cited Mutual Pools and Staff Pty Ltd v The Commonwealth (1994) 179 CLR 155 Cited Secretary, Department of Health v Harvey (1990) 21 ALD 393 Cited

ETHELYNE YVONNE WALDEN v ADMINISTRATION OF NORFOLK ISLAND

SC 11 OF 2006

KIEFEL J

24 July 2007

BRISBANE (BY VIDEO LINK) (HEARD ON NORFOLK ISLAND) IN THE supreme COURT

NORFOLK ISLAND SC 11 OF 2006

ETHELYNE YVONNE WALDEN

PLAINTIFF

ADMINISTRATION OF NORFOLK ISLAND

DEFENDANT

JUDGE: KIEFEL J DATE OF ORDER: 24 JULY 2007

WHERE MADE: BRISBANE (BY VIDEO LINK) (HEARD ON NORFOLK ISLAND)

THE COURT ORDERS THAT:

1. The plaintiff's application is dismissed. 2. The plaintiff is to pay the defendant's costs of the action, including any reserved costs, such costs to be taxed failing agreement. IN THE supreme COURT

NORFOLK ISLAND sc 11 OF 2006

ETHELYNE YVONNE WALDEN