Reysson Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 [2020] NSWCA 281

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Reysson Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 [2020] NSWCA 281 Hearing dates: 31 August 2020 Date of orders: 11 November 2020 Decision date: 11 November 2020 Before: Bell P at [1] Gleeson JA at [2] Payne JA at [3] Decision: (1) Appeal dismissed; (2) Appellant to pay the costs of the respondent. Catchwords: ENVIRONMENT AND PLANNING – words and phrases – whether primary judge erred in finding identification of "coastal wetlands and littoral rainforests area" in s 6 of the Coastal Management Act 2016 (NSW) being land identified by State Environmental Planning Policy (Coastal Management) 2018 (NSW) as "being land which displays the hydrological and floristic characteristics of coastal wetlands or littoral rainforests" or adjoining such land not a jurisdictional fact ENVIRONMENT AND PLANNING – words and phrases – whether the "proximity area" in the Coastal Wetlands and Littoral Rainforests Area Map corresponds in meaning to "adjoining" land in s 6(1) of the Coastal Management Act – whether proximity area or buffer zone is both rational and proportionate as a legislative device to serve the objects of both the Environmental Planning and Assessment Act and the Coastal Management Act ENVIRONMENT AND PLANNING – words and phrases – Governor's power is to make an environmental planning instrument – whether Governor must have regard to, approve or do anything at all in relation to making the Coastal Wetlands and Littoral Rainforests Area Map Legislation Cited: Coastal Management Act 2016 (NSW), ss 3-10 Coastal Protection Act 1979 (NSW) Environmental Planning and Assessment Act 1979 (NSW), ss 3.13, 3.14, 3.27, 3.29, 3.30 Interpretation Act 1987 (NSW), s 14 Cases Cited: Australian Heritage Commission v Mount Isa Mines Ltd (1997) 187 CLR 297; [1997] HCA 10 Colonial Bank of Australasia v Willan (1874) LR 5 PC 417 Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135; [2000] HCA 5 Hunter Industrial Rental Equipment Pty Ltd v Dungog Shire Council (2019) 101 NSWLR 1; [2019] NSWCA 147 Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd [2019] NSWCA 216; (2019) 372 ALR 695 Plaintiff M70/2011 v Minister for Immigration and Citizenship (2011) 244 CLR 144; [2011] HCA 32 Reysson Pty Ltd v Minister Administering the Environment Planning and Assessment Act 1979 [2019] NSWLEC 203 South Western Sydney Local Health District v Gould (2018) 97 NSWLR 513; [2018] NSWCA 69 Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55; [1999] NSWCA 8 Trives v Hornsby Shire Council (2015) 89 NSWLR 268; [2015] NSWCA 158 Woolworths Ltd v Pallas Newco Pty Ltd (2004) 61 NSWLR 707; [2004] NSWCA 422 Texts Cited: State Environmental Planning Policy (Coastal Management) 2018 (NSW), cll 3, 4, 5, 6, 8, 10, 11 State Environmental Planning Policy No 14 – Coastal Wetlands State Environmental Planning Policy No 26 – Littoral Rainforests State Environmental Planning Policy No 71 – Coastal Protection Category: Principal judgment Parties: Reysson Pty Ltd (Appellant) Minister Administering the Environmental Planning and Assessment Act 1979 (First Respondent) State of New South Wales (Second Respondent) Representation: Counsel: T F Robertson SC with C D Norton (Appellant) S J Free SC with M O'Brien (First Respondent) Submitting Appearance (Second Respondent)