O’Donnell v Environment Protection Authority

(2012) 268 FLR 48; [2012] ACTSC 140

Supreme Court of the ACT

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Appeals from administrative authorities
3. › Appeal from ACAT Appeal Division to Supreme Court
4. › Appeal on a question of fact or law
5. › Whether appeal on question of fact or law provides for error-based appeal
6. › Leave to appeal
7. › Criteria for grant of leave
8. › ACT Civil and Administrative Tribunal Act 2008 (ACT), s 86
1. Administrative Law
2. › Procedural fairness
3. › Natural justice
4. › Whether failure to advise applicant that licence application fee not received constituted denial of procedural fairness
5. › Distinction between procedural fairness and good administrative practice
1. Statutes
2. › Interpretation
3. › Fees and applications
4. › Whether obligation to provide service arises where determined fee not paid
5. › Whether application not accompanied by prescribed fee confers rights on applicant
6. › Legislation Act 2001 (ACT), s 57
1. Statutes
2. › Interpretation
3. › Preservation of rights on repeal or amendment
4. › Determinative provisions
5. › Displacement by manifest contrary intention
6. › Whether moratorium provisions displaced savings provision
7. › Legislation Act 2001 (ACT), ss 5, 6, 84
8. › Water Resources Act 1998 (ACT), ss 63A, 63B

Quick Take

An appeal 'on a question of fact or law' under s 86 of the ACAT Act requires identification of a specific question rather than merely pointing to errors, and does not provide for an error-based appeal. An application for a bore licence (or similar regulatory permission) not accompanied by the prescribed fee confers no rights on the applicant under s 57 of the Legislation Act 2001 (ACT). The moratorium provisions in ss 63A and 63B of the Water Resources Act 1998 (ACT) manifested a contrary intention sufficient to displace the determinative savings provision in s 84 of the Legislation Act, where those provisions explicitly addressed and limited the preservation of pre-existing rights with detailed exceptions.