NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Green & Anor v Minister for Climate Change, Environment and Water [2008] NSWLEC 48
FIRST APPLICANT Bruce Green
PARTIES : SECOND APPLICANT Lynette Judge
RESPONDENT Minister for Climate Change, Environment and Water
FILE NUMBER(S) : 40754 of 2007
CORAM: Jagot J
KEY ISSUES: Judicial Review :- construction and interpretation - savings and transitional regulations - water management plan - access licence - whether regulations contain a deeming provision - meaning of "since activation" in plan - application dismissed
Interpretation Act 1987 LEGISLATION CITED: Water Act 1912 Water Management Act 2000
CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 Cooper Brookes (Wollongong) Pty Limited v Federal Commissioner of Taxation (1981) 147 CLR 297 Cranbrook School v Woollahra Municipal Council (2006) 66 NSWLR 379 New South Wales Crime Commission v Kelly and Others (2003) 58 NSWLR 71 CASES CITED: Project Blue Sky Inc and Others v Australian Broadcasting Authority (1998) 194 CLR 355 Re Application of News Corporation Ltd (1987) 15 FCR 227 The Council of the Shire of Redland v Stradbroke Rutile Pty Ltd (1974) 133 CLR 641 St Aubyn v Attorney-General [1952] AC 15 Williams v United States of America and Another (2007) 161 FCR 220
DATES OF HEARING: 4 February 2008
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