LDF Enterprise Pty Ltd v NSW

(2017) 95 NSWLR 70; [2017] NSWCA 89

NSW Court of Appeal

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Interrogate

Catchwords

1. Jurisdiction
2. › Exclusive jurisdiction
3. › Land and Environment Court
4. › Class 4 jurisdiction
5. › Proceedings to enforce rights or duties under planning or environmental law
6. › Whether proceedings seeking injunctive and declaratory relief concerning statutory power of entry fell within exclusive jurisdiction
7. › Land and Environment Court Act 1979 (NSW), ss 20(2), 71
1. Administrative Law
2. › Procedural fairness
3. › Existence of obligation to accord procedural fairness
4. › Statutory powers of entry and investigation
5. › Whether power of entry in course of investigations attracted obligation to accord procedural fairness to landowner
6. › Whether statute clearly displaced obligation
7. › Protection of the Environment Operations Act 1997 (NSW), s 196
1. Administrative Law
2. › Procedural fairness
3. › Displacement by statute
4. › Investigative powers analogous to police powers
5. › Whether statutory scheme clearly displaced presumption of procedural fairness
6. › Protection of the Environment Operations Act 1997 (NSW), ss 184, 189, 196, 197, 199, 211

Quick Take

The power of entry under s 196 of the Protection of the Environment Operations Act 1997 (NSW), including as picked up by s 156B of the National Parks and Wildlife Act 1974 (NSW), is not conditioned upon any obligation to accord procedural fairness to the landowner before entry. Proceedings seeking declaratory or injunctive relief concerning the exercise of such powers fall within the exclusive jurisdiction of the Land and Environment Court and cannot be commenced or maintained in the Supreme Court.