NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Billinudgel Property Pty Ltd v Minister for Planning [2016] NSWLEC 139 Hearing dates: 13 July 2016 Date of orders: 04 November 2016 Decision date: 04 November 2016 Jurisdiction: Class 4 Before: Robson J Decision: (1) The summons is dismissed.
(2) The applicant is to pay the respondent's costs.
(3) The exhibits are returned. Catchwords: JUDICIAL REVIEW – Part 3A concept plan approval – power of Minister to modify – meaning of "modification of approval" – inappropriate to apply "test" – proposed revocation of condition beyond power to modify
JUDICIAL REVIEW – Part 3A concept plan approval – power of Minister to modify – whether an implied or ancillary power to modify – implied power must be reasonably necessary to exercise express power – no implied or ancillary power Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) s 5, Pt 3A, ss 75J, 75O, 75P, 75W, Pt 4, ss 96, 96A, Sch 6A, cll 2, 3
National Health Act 1953 (Cth) s 133
State Environmental Planning Policy (Major Development) 2005 (NSW) cl 6 Cases Cited: Barrick Australia Ltd v Williams (2009) 74 NSWLR 733; [2009] NSWCA 275
CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384; [1997] HCA 2
Coffs Harbour City Council v Minister for Planning and Infrastructure (2013) 193 LGERA 203; [2013] NSWCA 44
Meriton Property Services Pty Ltd v Minister for Planning and Infrastructure [2013] NSWLEC 1260
Nguyen v Minister for Health & Ageing (2002) 71 ALD 529; [2002] FCA 1241
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