Practitioners advising landowners affected by the Coastal Management SEPP cannot challenge the inclusion of land within the coastal wetlands and littoral rainforests area on the basis that the land does not in fact display the relevant hydrological and floristic characteristics; the identification is not subject to judicial review as a jurisdictional fact.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.