Tugun Cobaki Alliance Inc v Minister for Planning and RTA

[2006] NSWLEC 396

NSW Land and Environment Court

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Ministerial approval of major infrastructure project
4. › Whether pre-conditions to exercise of power satisfied
5. › Whether mandatory relevant considerations considered
6. › Environmental Planning and Assessment Act 1979 (NSW), Pt 3A, ss 75I, 75J
1. Administrative Law
2. › Judicial review
3. › Mandatory relevant considerations
4. › Construction of statutory scheme to identify what Minister bound to consider
5. › Whether proponent's environmental assessment a mandatory relevant consideration
6. › Whether submissions report a mandatory relevant consideration
7. › Environmental Planning and Assessment Act 1979 (NSW), ss 75I(2), 75J(2)(a)
1. Statutes
2. › Construction
3. › Privative clause
4. › Whether provision identifying one mandatory requirement necessarily implies all other requirements are directory
5. › Relationship between privative clause and Project Blue Sky principles
6. › Environmental Planning and Assessment Act 1979 (NSW), s 75X(5)
1. Statutes
2. › Delegated legislation
3. › Validity of transitional regulation
4. › Whether regulation of a savings or transitional nature consequent on enactment of amending Act
5. › Whether regulation inconsistent with principal Act
6. › Environmental Planning and Assessment Act 1979 (NSW), Sch 6, cl 1(1)
7. › Environmental Planning and Assessment Regulation 2000 (NSW), cl 8J

Quick Take

Under Part 3A of the EPA Act, the Minister is bound to consider the Director-General's report and advices from public authorities, but the proponent's environmental assessment and submissions report are not mandatory relevant considerations — they are left to the Minister's discretion. Section 75X(5) identifies only s 75H(3) as a provision whose breach necessarily leads to invalidity; the consequences of breach of all other Part 3A provisions are determined under Project Blue Sky principles. Transitional regulation cl 8J(3) validly enables the Director-General to accept pre-Part 3A public exhibition periods for the purposes of Part 3A. Electronic availability of documents on a departmental website, referenced in the Director-General's report, can satisfy the statutory obligation to 'include' documents in that report.