Mackenzie v Head, Transport for Victoria

[2021] VSCA 100

Victorian Court of Appeal

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Interrogate

Catchwords

1. Planning and Environment
2. › Judicial review
3. › Environment effects assessment
4. › Whether works could lawfully proceed until Minister's assessment considered by councils
5. › Whether error in EES rendered Ministerial assessment invalid
6. › Environment Effects Act 1978 (Vic), ss 8, 8B, 8C, 8F
1. Planning and Environment
2. › Planning scheme amendments
3. › Duties of planning authority
4. › Whether obligation to consider significant environmental effects applies at adoption and approval stage
5. › Planning and Environment Act 1987 (Vic), ss 12(2)(b), 29, 35
1. Planning and Environment
2. › Precautionary principle
3. › Whether precautionary principle under Transport Integration Act 2010 applies to decisions under Environment Effects Act or Planning and Environment Act
4. › Transport Integration Act 2010 (Vic), s 19
1. Evidence
2. › Admissibility
3. › Judicial review proceedings
4. › Whether post-decision reports admissible to demonstrate invalidity of administrative decision
5. › Prasad principle
6. › Whether reports contained admissions against interest
7. › Whether reports demonstrate absence of intelligible foundation

Quick Take

Section 12(2)(b) of the Planning and Environment Act 1987 (Vic) requires consideration of significant environmental effects only at the preparation stage of a planning scheme amendment, not at the adoption (s 29) or approval (s 35) stages. Section 8C(1) of the Environment Effects Act 1978 (Vic) only prevents works from proceeding where the body to whom the Minister gave notice has a decision to make in relation to the works. The precautionary principle under s 19 of the Transport Integration Act 2010 (Vic) does not apply to decisions under the EE Act or the Planning Act, as neither is 'transport legislation'.