Kidd v WA

[2015] WASCA 62

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Statutes
2. › Statutory construction
3. › Scope of exemption provision
4. › Land exempted from Metropolitan Region Scheme and local planning laws
5. › Whether additional land fell within statutory definition incorporating terms of government agreement
6. › Casino (Burswood Island) Agreement Act 1985 (WA), ss 3, 4(3), 7
1. Contract
2. › Government agreement ratified by legislation
3. › Proper construction
4. › Agreement to be construed in accordance with ordinary principles of contractual construction
5. › Natural and ordinary meaning
6. › Whether provisions of statute and agreement have concurrent and coextensive operation
7. › Casino (Burswood Island) Agreement Act 1985 (WA), s 7
1. Contract
2. › Government agreement ratified by legislation
3. › Proper construction of defined terms
4. › Whether additional land granted for purposes of agreement
5. › Purposes to be gleaned from agreement as a whole including all operative clauses
6. › Whether recital provides comprehensive statement of purposes
7. › Whether cl 13 limited to developments in substitution for Stage 2
1. Contract
2. › Government agreement ratified by legislation
3. › Proper construction of defined terms
4. › Whether sale of land constitutes grant
5. › Turns on construction of agreement and contemporaneous legislation
6. › Land Act 1933 (WA)
7. › Land Administration Act 1997 (WA), s 74

Quick Take

Additional land excised from the Resort Site and sold by the State to Burswood Nominees Ltd for the purpose of constructing a third hotel falls within the definition of 'Site' and therefore 'Resort Lands' under the Casino (Burswood Island) Agreement Act 1985 (WA), exempting it from metropolitan planning laws. The purposes of a government agreement ratified by legislation are to be derived from all its operative terms, not solely from recitals. The word 'grant' in the context of Crown land disposal encompasses conveyance upon sale for consideration.