Practitioners in the Land and Environment Court should focus on whether a Commissioner's conduct falls within the statutory functions conferred by the EPA Act and LEC Act, rather than characterising the power as judicial or administrative; the 'amber light approach' has no statutory basis and its use is problematic, though a Commissioner may make interim findings and allow amendment of a development application before final determination.
The full text is available to signed-in members, including the 43 later cases that cite this judgment.
11 of the 43 citing cases carry a classified treatment. How each court treated it is available to signed-in members.