Balnaves Foundation Pty Ltd v Minister for Planning (No 2) [2018] NSWLEC 163

Land and Environment Court New South Wales

Medium Neutral Citation: Balnaves Foundation Pty Ltd v Minister for Planning (No 2) [2018] NSWLEC 163 Hearing dates: 24 September 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [95] Catchwords: JUDICIAL REVIEW: whether the consent authority had the power to impose a condition requiring contributions to be paid – whether a regulation empowering the imposition of a condition is inconsistent with the primary enactment authorising the making of the regulation – whether the regulation is "of a savings or transitional nature" – whether the regulation is "consequent on" the enactment of a later Act – regulation validly enacted and the imposition of condition of consent lawful.

STATUTORY CONSTRUCTION: whether delegated legislation is inconsistent with primary legislation authorising the making of the delegated legislation – applicable principles of statutory construction – proper construction of transitional and savings provisions. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 94F(3)(b), 96(1A), 116Y, 157, 159, Sch 1, cl 1(1) of Sch 6, Pt 21 of Sch 6, cl 118 of Sch 6, Pt 3, Pt 5B

Environmental Planning and Assessment Amendment Act 2008

Environmental Planning and Assessment Amendment Act 2017, Sch 12

Environmental Planning and Assessment Amendment (Plan Making) Regulation 2009

Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017

Environmental Planning Regulation 2000, cl 15A