NSW Commissioner of Police v Rabbits Eat Lettuce Pty Ltd

[2019] NSWCA 182

NSW Court of Appeal

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Interrogate

Catchwords

1. Planning and Environmental Law
2. › Land and Environment Court
3. › Jurisdiction
4. › Class 1 appeals
5. › Scope of s 8.7 of Environmental Planning and Assessment Act 1979 (NSW)
6. › Whether condition empowering police to advise event unsafe engaged extended definition of 'determination'
7. › Whether condition required aspect of development to be carried out to satisfaction of consent authority or other person
8. › Environmental Planning and Assessment Act 1979 (NSW), s 8.7
1. Planning and Environmental Law
2. › Development consent
3. › Conditions of consent
4. › Construction of conditions
5. › Condition conferring power on statutory body to advise event unsafe
6. › Whether condition of satisfaction or condition of prohibition
7. › Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 4.17, 8.7
1. Statutes
2. › Construction
3. › Renumbered and relocated provisions
4. › Whether reference to repealed section extends to renumbered provision
5. › Interpretation Act 1987 (NSW), s 68(3)
6. › Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (NSW), cl 4A

Quick Take

A condition of development consent that empowers a statutory body to advise that an activity is unsafe (thereby rendering it unlawful) is not a condition requiring an aspect of development to be 'carried out to the satisfaction of' a person under s 8.7(2)(a) of the Environmental Planning and Assessment Act 1979 (NSW), and does not ground a Class 1 merits appeal to the Land and Environment Court.