Sydney Fish Market Pty Ltd v Valuer-General of New South Wales [2022] NSWLEC 71

Land and Environment Court New South Wales

Medium Neutral Citation: Sydney Fish Market Pty Ltd v Valuer-General of New South Wales [2022] NSWLEC 71 Hearing dates: 29 November 2021 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Class 3 Before: Pepper J Decision: See orders at [114]. Catchwords: SEPARATE QUESTION: whether land was "Crown lease restricted" under the Valuation of Land Act 1916 – meaning of "Crown lease restricted" – whether a lease signed in 1994 was a lease granted under the Crown Lands Act 1989 or the Fish Marketing Act 1994 – application of the presumption of regularity - whether the lease is a "holding" for the purpose of the Valuation of Land Act as that term is defined in the Crown Lands Management Act 2016 - meaning of "Crown land" under the Crown Lands Management Act – the effect of the transfer of the land the subject of the lease to a State statutory body – the effect of the repeal of the Crown Lands Act on the lease – the effect of the operation of the savings and transitional provisions of the Crown Lands Management Act on the lease – the land is Crown lease restricted – separate question answered affirmatively in favour of the applicant. Legislation Cited: Constitution Act 1902, ss 36, 37 and 37A Crown Lands Act 1989, ss 3(1), 6, 7, 34, 35 and Pt 3 Crown Lands Management Act 2016, ss 1.2, 1.5, 1.7, 1.8 and cll 2, 5 and 26 of Sch 7 Fish Marketing Act 1994, ss 4, 5, 6, 7, 8, 9, 11 and Sch 1 Fisheries and Oyster Farms Act 1935, s 41A Interpretation Act 1987, ss 13(b) and 15 Property NSW Act 2006, s 19 State Property Authority Act 2006, ss 4, 5, 11(1)(a), 13(1), 18, 20 and Sch 1 Valuation of Land Act 1916, s 14I Cases Cited: Attorney-General v Cochrane (1970) 91 WN (NSW) 861 Commonwealth v The State of New South Wales (1923) 33 CLR 1; [1923] HCA 34 Darley Australia Pty Ltd v Walfertan Processors Pty Ltd (2012) 188 LGERA 26; [2012] NSWCA 48 Gandangara Local Aboriginal Land Council v Minister Administering the Crown Lands Act (1997) 41 NSWLR 459 Minister for Natural Resources v New South Wales Aboriginal Land Council (1987) 9 NSWLR 154 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act (2016) 260 CLR 232; [2016] HCA 50 NSW Aboriginal Land Council v Minister Administering the Crown Lands Act (The Kinchela Claim) (2009) 166 LGERA 137; [2009] NSWLEC 46 State Electricity Commission of Victoria v The Mayor, Councillors and Citizens of the City of South Melbourne (1968) 118 CLR 504; [1968] HCA 49 Sydney Harbor Trust Commissioners v Wales (1908) 5 CLR 879; [1908] HCA 19 The Mayor, Alderman and Citizens of the City of Launceston v The Hydro-Electric Commission (1959) 100 CLR 654; [1959] HCA 12 Category: Principal judgment Parties: Sydney Fish Market Pty Ltd (Applicant) Valuer-General of New South Wales (Respondent) Representation: Counsel: R Lancaster SC (Applicant) J Waters SC and M Dalla-Pozza (Respondent)