NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hawkesbury City Council v Sammut [2000] NSWLEC 270 APPLICANT Hawkesbury City Council PARTIES : RESPONDENT Sammut FILE NUMBER(S) : 40202 of 1999 CORAM: Cowdroy J KEY ISSUES: Development :- planning instruments - interpretation - whether amendment to SEEP is to be applied with retrospective effect - intention of Minister determined from text - amendment to be applied retrospectively LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Egan & Anor v Hawkesbury City Council & Anor (1993) 79 LGERA 321 ; CASES CITED: Elf Farm Supplies Pty Limited v Hawkesbury City Council & Anor (1999) NSWLEC 261unreported; Moss and Phillips v Donohoe (1915) 20 CLR 580 DATES OF HEARING: 25/9/00 EX TEMPORE 09/25/2000 JUDGMENT DATE :
APPLICANT Mr G Newport (Barrister)
SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT Mr P Tomasetti (Barrister)
SOLICITORS Storey & Gough
JUDGMENT:
IN THE LAND AND MATTER No. 40202 of 1999 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 25/9/00
Hawkesbury City Council Applicant v Daniel Sammut Respondent JUDGMENT
1. In these proceedings, a question of law has arisen, namely whether Amendment 4 to State Environmental Planning Policy Number 30 which inserted clause 9 ("clause 9") into such policy ("the Amendment") has retrospective effect.
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