A SEPP is not invalid merely because it conflicts with provisions of a LEP or REP; ss 36 and 74 of the EPA Act contemplate that later environmental planning instruments may amend or override earlier ones. The test for validity of subordinate legislation on unreasonableness grounds is whether there is a 'real connection' between the legislation and the purpose for which the delegated power was conferred. Whether proportionality is an independent ground of invalidity of subordinate legislation remains unresolved in Australia. Persons affected by a SEPP of statewide application have no special right to be heard before its making unless that right arises from specific conduct of the Minister.
The full text is available to signed-in members, including the 68 later cases that cite this judgment.
8 of the 68 citing cases carry a classified treatment. How each court treated it is available to signed-in members.