Re MacTIERNAN; Ex Parte Coogee Coastal Action Coalition Incorporated

(2005) 30 WAR 138; [2005] WASCA 109

Western Australia Court of Appeal

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Catchwords

1. Administrative law Return of order nisi for prerogative relief Whether certiorari available Amendment to Metropolitan Region Scheme Scope of s 33 of Metropolitan Region Town Planning Scheme Act Bias Whether intended grant or transfer of land under Land Administration Act derogates from common law public rights of fishing and navigation Whether application to prohibit or prevent issue of title premature

Quick Take

A statutory planning body with extensive functions including the power to participate as owner in land development is held to a lower standard of impartiality equivalent to that in Jia Legeng, not the standard applicable to judicial officers. Participation in a development agreement that is conditional on obtaining planning approvals and that expressly preserves the body's statutory discretions does not give rise to a reasonable apprehension of bias. The Commission's decision as to modifications to a scheme amendment under s 33(2) is amenable to certiorari because the Governor must consider the amendment as modified. The standing of incorporated associations to bring public interest challenges remains doctrinally uncertain.