Arnold v Minister Administering the Water Management Act 2000 [2008] NSWCA 338

Reported Decision: 163 LGERA 429230 FLR253 ALR 173 Appeal Outcome: Special leave application granted by the High Court 1 May 2009 (S6/2009)

New South Wales Court of Appeal

CITATION: Arnold v Minister Administering the Water Management Act 2000 [2008] NSWCA 338 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 29 September 2008

JUDGMENT DATE: 4 December 2008

JUDGMENT OF: Spigelman CJ at 1; Allsop P at 147; Handley AJA at 148

DECISION: 1 Grant leave to appeal 2 Appeal dismissed with costs

CATCHWORDS: ADMINISTRATIVE LAW – judicial review – jurisdiction - federal jurisdiction of the Land and Environment Court – s 39 Judiciary Act 1903 (Cth) - ADMINISTRATIVE LAW – judicial review – jurisdiction – ancillary jurisdiction of the Land and Environment Court – s 39 Judiciary Act 1903 (Cth) – s 16(1A) Land and Environment Court Act 1972 - ADMINISTRATIVE LAW – judicial review – standing to institute proceedings - CONSTITUTIONAL LAW – acquisition of property on just terms – s 51(xxxi) Constitution – validity of Commonwealth statutes providing for grants of financial assistance to the States under s 96 and regulating water use – whether the Commonwealth statutes are laws with respect to the acquisition of property - CONSTITUTIONAL LAW – operation and effect of the Commonwealth Constitution – Restrictions on Commonwealth legislation – s 100 Constitution – laws made under trade and commerce power - CONSTITUTIONAL LAW – operation and effect of the Commonwealth Constitution – restrictions on Commonwealth legislation – s 51(xxxi) Constitution – whether Commonwealth employed a circuitous device - STATUTORY INTERPRETATION - joint Commonwealth and State legislative schemes – agreement between Commonwealth and State – whether the existence or validity of an agreement has an effect on validity of State Act and State plan