Development consents must be construed by reference to their written terms and cannot be limited by reference to previous practices of the applicant unless the consent authority expressly approved the application on that basis. The terms of extrinsic documents are only incorporated in a development consent expressly or by necessary implication. The power to vary an environmental protection licence under s 58 of the PEO Act does not extend to adding a new scheduled activity that constitutes controlled development requiring development consent; such a variation cannot circumvent the integrated development scheme under ss 91 and 91A of the EPA Act.
The full text is available to signed-in members, including the 23 later cases that cite this judgment.
3 of the 23 citing cases carry a classified treatment. How each court treated it is available to signed-in members.