'The subject land' in s 4 of the Clyde Waste Transfer Terminal (Special Provisions) Act 2003 (NSW) encompasses the entire area identified in Figure 5.1.2 of the Development Application (the pink-stippled area of Part Lot 201), not merely the Transfer Terminal building footprint. The conditions of development consent, which regulate both road arrival and rail departure of waste, are a significant part of the immediate context for construing the scope of the deemed consent. The costs appeal was dismissed on the basis that the trial judge's finding that the litigation was not relevantly 'public interest' litigation was within the permissible exercise of discretion.
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