Bond v Chief Executive, Department of Environment and Heritage Protection

[2017] QCA 180

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Environmental Law
2. › Environmental Protection Orders
3. › Review of original decision
4. › Time for application
5. › Special circumstances
6. › Whether determination of special circumstances must be made before EPO issued
7. › Environmental Protection Act 1994 (Qld), ss 360, 521
1. Statutory Interpretation
2. › Construction of statutory provisions
3. › Purposive approach
4. › Reading definitions into operative provisions
5. › Whether absence of express temporal restriction constrains statutory power
6. › Environmental Protection Act 1994 (Qld), s 521(2)(a)(ii)
1. Appeal
2. › Leave to appeal
3. › Planning and Environment Court
4. › Questions of general application as to proper interpretation of statute
5. › Sustainable Planning Act 2009 (Qld), s 498

Quick Take

The administering authority's power under s 521(2)(a)(ii) of the Environmental Protection Act 1994 (Qld) to allow a longer review period in 'special circumstances' is not confined to the period before an EPO issues; it may be exercised after the EPO issues, including during the 10 business day review period. Multiple extensions may be granted. The Court left open whether the power extends beyond the expiry of the 10 business day period.