Re Town Planning Appeal Tribunal; Ex Parte Environmental Protection Authority

[2003] WASCA 248

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Environmental Law
2. › Environmental impact assessment
3. › Assessment of proposals
4. › Constraint on decision-making authorities
5. › Whether appellate tribunal a 'decision-making authority'
6. › Whether constrained from allowing implementation pending assessment
7. › Environmental Protection Act 1986 (WA), ss 3(1), 38, 41(2), 45(7)
1. Administrative Law
2. › Statutory authorities
3. › Classification of bodies
4. › State instrumentality
5. › Whether Town Planning Appeal Tribunal a 'State instrumentality'
6. › Whether body exercising judicial functions can be State instrumentality
7. › Environmental Protection Act 1986 (WA), s 3(1)
1. Statutory Interpretation
2. › Definitions
3. › 'Unless the contrary intention appears'
4. › Whether contrary intention found in other provisions displaces definition in relevant provision
5. › Purposive construction
6. › Environmental Protection Act 1986 (WA), s 3(1)
7. › Interpretation Act 1984 (WA), s 18
1. Practice and Procedure
2. › Prerogative writs
3. › Prohibition
4. › Writ to restrain tribunal from exceeding jurisdiction
5. › Town Planning and Development Act 1928 (WA), s 47

Quick Take

The Town Planning Appeal Tribunal is a 'decision-making authority' under s 41(2) of the Environmental Protection Act 1986 (WA) and is constrained from making any decision that could cause or allow a proposal to be implemented while the EPA's assessment process is ongoing. An appellate body standing in the shoes of a primary decision-maker is subject to the same environmental assessment constraints as the primary decision-maker. The question whether the Supreme Court is similarly constrained was expressly left open.