NSW Commissioner of Police v Rabbits Eat Lettuce Pty Ltd [2019] NSWCA 182

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: NSW Commissioner of Police v Rabbits Eat Lettuce Pty Ltd [2019] NSWCA 182 Hearing dates: 19 June 2019 Decision date: 25 July 2019 Before: Macfarlan JA at [1]; Leeming JA at [2]; White JA at [58] Decision: 1. Appeal allowed. 2. Set aside the orders made by the Land and Environment Court on 20 November 2018, and in lieu thereof, dismiss the application filed on 2 November 2018 for want of jurisdiction. Catchwords: PLANNING AND ENVIRONMENTAL LAW – Land and Environment Court – jurisdiction – condition of consent provided that music festival must not proceed if Commissioner of Police advised it was unsafe – whether Class 1 appeal lay from Commissioner's decision – whether decision concerned an aspect of development required to be carried out to the satisfaction of consent authority or any other person – comparison of (former) s 97 and current s 8.7 of Environmental Planning and Assessment Act 1979 (NSW) – decision did not fall within s 8.7 Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 1.4, 4.16, 4.17, 8.7, 10.16, 80, 80A, 97 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (NSW), cl 4A Environmental Planning and Assessment Amendment Regulation 2018 Interpretation Act 1987 (NSW), s 68 Land and Environment Court Act 1979 (NSW), ss 5, 16, 17, 57 Cases Cited: Kuru v State of New South Wales (2008) 236 CLR 1; [2008] HCA 26 Rabbits Eat Lettuce Pty Ltd v New South Wales Commissioner of Police [2018] NSWLEC 181 Rabbits Eat Lettuce Pty Ltd v New South Wales Commissioner of Police (No 2) [2018] NSWLEC 189 Woolworths Ltd v Lister [2004] NSWCA 292 Category: Principal judgment Parties: NSW Commissioner of Police (Appellant) Rabbits Eat Lettuce Pty Ltd (First respondent – submitting appearance) Richmond Valley Council (Second respondent – submitting appearance) Representation: Counsel: