NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Kennedy v NSW Minister for Planning [2010] NSWLEC 240
APPLICANT: Roy "Dootch" Kennedy on behalf of the Sandon Point Aboriginal Tent Embassy
PARTIES : FIRST RESPONDENT: NSW Minister for Planning
SECOND RESPONDENT: Stockland Developments Pty Ltd
FILE NUMBER(S) : 40742 of 2010
CORAM: Biscoe J
KEY ISSUES: JUDICIAL REVIEW :- validity of approvals of modifications of project approvals under Part 3A Environmental Planning and Assessment Act 1979 - Minister under duty to consider the public interest - whether Minister breached duty by allegedly failing to consider protection of Aboriginal heritage as recommended in three reports, Aboriginal artefacts and principles of ecologically sustainable development - whether approval of modifications manifestly unreasonable - whether Minister denied applicant procedural fairness
Environmental Planning and Assessment Act 1979, ss 75I, 75J, 75W, 96 Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 Environmental Planning and Assessment Regulation 2000, cl 8G LEGISLATION CITED: Land and Environment Court Rules 2007, r 4.7 National Parks and Wildlife Act 1974, ss 69B - 69F, 84, 86, 90 Protection of the Environment Administration Act 1991, s 6(2) State Environmental Planning Policy (Major Development) 2005
Calardu Penrith Pty Ltd v Penrith City Council [2010] NSWLEC 50 Carriage v Stockland (Constructors) Pty Ltd & Ors [2002] NSWLEC 216 Carriage v Stockland Development Pty Ltd & Ors [No 6] [2004] NSWLEC 541 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Kennedy v NSW Minister for Planning [2010] NSWLEC 129 Kennedy v NSW Minister for Planning [2010] NSWLEC 177 CASES CITED: Kioa v West (1985) 159 CLR 550 Minister for Planning v Walker [2008] NSWCA 224, 161 LGERA 423 Parks and Playgrounds Movement Inc v Newcastle City Council [2010] NSWLEC 231 Roy Kennedy v Director-General of the Department of Environment and Conservation [2006] NSWLEC 456 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, 228 CLR 152 Tubbo Pty Ltd v Minister Administering the Water Management Act 2000 [2008] NSWCA 356 Walker v Minister for Planning [2007] NSWLEC 741, 157 LGERA 124 Walsh v Parramatta City Council [2007] NSWLEC 255, 161 LGERA 118
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