Waugh Hotel Management Pty Ltd v Marrickville Council

(2009) 171 LGERA 112; [2009] NSWCA 390

NSW Court of Appeal

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Interrogate

Catchwords

1. Local Government
2. › Powers, functions and duties of councils
3. › Development consent
4. › Refusal of development consent for hotel with gaming machines
5. › Whether reasons for refusal related to installation, keeping or operation of approved gaming machines
6. › Gaming Machines Act 2001 (NSW), s 209(3)(b)
1. Statutes
2. › Interpretation
3. › Meaning of 'relates to'
4. › Degree of connection required by statutory context
5. › Whether tenuous or indirect connection sufficient
6. › Gaming Machines Act 2001 (NSW), s 209(3)(b)
1. Statutes
2. › Interpretation
3. › Use of extrinsic material
4. › Whether statements of intention made in Parliament can be used to interpret an Act
5. › Whether parliamentary speeches on later amending legislation assist construction of earlier Act
6. › Interpretation Act 1987 (NSW), s 34
1. Statutes
2. › Interpretation
3. › Statutory context
4. › Whether regulations made after commencement of principal Act can be used to construe the principal Act

Quick Take

Section 209(3)(b) of the Gaming Machines Act 2001 (NSW) does not prohibit a consent authority from refusing development consent for a hotel on grounds such as inadequate parking, noise, or alcohol-related harm, even where gaming machines would contribute to those impacts, provided the reason for refusal is an aspect of hotel operation that could arise with or without gaming machines. The section does not require a consent authority to assess environmental impacts on a counterfactual basis that gaming machines are not present. The degree of connection required by 'relates to' in s 209(3)(b) is a matter of common sense application in each case, informed by statutory context and purpose.