Balnaves Foundation Pty Ltd v Minister for Planning (No 2)

[2018] NSWLEC 163

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. JUDICIAL REVIEW: whether the consent authority had the power to impose a condition requiring contributions to be paid
2. › whether a regulation empowering the imposition of a condition is inconsistent with the primary enactment authorising the making of the regulation
3. › whether the regulation is “of a savings or transitional nature”
4. › whether the regulation is “consequent on” the enactment of a later Act
5. › regulation validly enacted and the imposition of condition of consent lawful.
1. STATUTORY CONSTRUCTION: whether delegated legislation is inconsistent with primary legislation authorising the making of the delegated legislation
2. › applicable principles of statutory construction
3. › proper construction of transitional and savings provisions.