NSW Caselaw
Set aside by Appeal : [2006] NSWCA 212
Land and Environment Court of New South Wales
CITATION : Gales Holdings Pty Limited v Minister for Planning & Another [2006] NSWLEC 347
APPLICANT Gales Holdings Pty Limited
PARTIES : FIRST RESPONDENT Minister for Planning
SECOND RESPONDENT Australian Bay Lobster Producers Pty Limited
FILE NUMBER(S) : 40246 of 2006
CORAM: Talbot J
Construction and Interpretation :- State significant development - effect of transitional provisions. KEY ISSUES: Development consent:- application determined by Minister as wrong consent authority.
Environmental Planning and Assessment Act 1979 s 76A(7), (8), s 80 Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 Environmental Planning and Assessment Amendment (Major Projects – Transitional Provisions) Regulation 2005 Environmental Planning and Assessment Regulation 2000 cl 8J(6), (7) LEGISLATION CITED: State Environmental Planning Policy No. 62 – Sustainable Aquaculture s 76A(7), (8) State Environmental Planning Policy (State Significant Development) 2005 State Environmental Planning Policy (Major Projects) 2005 Tweed Local Environmental Plan 2000
Hunter Resources Ltd v Melville (1988) 164 CLR 234; CASES CITED: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; State of South Australia v Tanner (1989) 166 CLR 161
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