Moore v Local Land Services [2023] NSWCATAD 140

Moore v Local Land Services [2023] NSWCATAD 140

The Tribunal lacked jurisdiction to determine an appeal against Local Land Services' exercise of discretion to levy rates, because the Tribunal's jurisdiction under the Local Land Services Regulation 2014 was limited to assessment of notional carrying capacity and validity of a rate. The applicant's Conservation Agreement and actual non-use of the land for stock did not preclude assessment of notional carrying capacity, because cl 17 required a hypothetical assessment as if raising stock were the only use of the land. Local Land Services considered topographical, soil and land capability information, neighbouring properties and district management practices, and the applicant provided no...

Jurisdiction
Australia
Judgment Date
07 June 2023
Procedural Posture
External Appeal Concerning Assessment of Notional Carrying Capacity and Rates Levied on Land / Hearing of Appeal and Respondent's Application for Dismissal Under S 55(1)(b) of the Civil and Administrative Tribunal Act 2013
Outcome
Appeal dismissed.
Legal Topics
['external Appeal' 'notional Carrying Capacity of Land' 'rateable Land' 'tribunal Jurisdiction' 'conservation Agreement' 'dismissal for Proceedings Misconceived or Lacking in Substance']
['administrative Law' 'local Land Services Rates'] ['external Appeal' 'notional Carrying Capacity of Land' 'rateable Land' 'tribunal Jurisdiction' 'conservation Agreement' 'dismissal for Proceedings Misconceived or Lacking in Substance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

External Appeal Concerning Assessment of Notional Carrying Capacity and Rates Levied on Land / Hearing of Appeal and Respondent's Application for Dismissal Under S 55(1)(b) of the Civil and Administrative Tribunal Act 2013

Legal Issues

  1. 1 ["Whether the Tribunal had jurisdiction to review Local Land Services' exercise of discretion to levy rates under s 57(1) of the Local Land Services Act 2013." "Whether the assessment of the applicant's land at 2.0 stock units per hectare notional carrying capacity was erroneous." 'Whether the appeal should be dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 as misconceived or lacking in substance.']

Ratio Decidendi

The Tribunal lacked jurisdiction to determine an appeal against Local Land Services' exercise of discretion to levy rates, because the Tribunal's jurisdiction under the Local Land Services Regulation 2014 was limited to assessment of notional carrying capacity and validity of a rate. The applicant's Conservation Agreement and actual non-use of the land for stock did not preclude assessment of notional carrying capacity, because cl 17 required a hypothetical assessment as if raising stock were the only use of the land. Local Land Services considered topographical, soil and land capability information, neighbouring properties and district management practices, and the applicant provided no...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.']