Orders under s 505(5) of the Environmental Protection Act 1994 (Qld) cannot require an independent expert to identify contraventions and determine remediation measures, as this impermissibly delegates the Court's jurisdiction. The costs discretion under s 457 of the Sustainable Planning Act 2009 (Qld) is an open discretion not governed by the presumption that costs follow the event, and must be exercised with regard to the non-exhaustive considerations in s 457(2). A factual error by the primary judge about whether a no case submission was ruled upon is an error of law vitiating the costs discretion.
The full text is available to signed-in members.