Gales Holdings Pty Ltd v Minister for Planning & Anor [2006] NSWLEC 483

Gales Holdings Pty Ltd v Minister for Planning & Anor [2006] NSWLEC 483

The opinion formed by the Minister under clause 13(1) of SEPP 62 is not a jurisdictional fact but a matter reasonably open to the Minister. The categorisation as class 2 aquaculture development was not manifestly unreasonable, and there is no ground for judicial review of the Minister’s opinion. The application to set aside the determination under cl 13(2) is dismissed.

Parties
Applicant: Gales Holdings Pty Ltd; First Respondent: Minister for Planning; Second Respondent: Australian Bay Lobster Producers Pty Ltd
Jurisdiction
Australia
Judgment Date
04 August 2006
Procedural Posture
Judicial Review / Final Judgment After Remitter From NSW Court of Appeal
Outcome
Application dismissed
Legal Topics
Judicial Review, Jurisdictional Fact, Development Consent, Environmental Planning and Assessment Act 1979, State Environmental Planning Policy No. 62 Sustainable Aquaculture
Administrative Law Environmental Law Judicial Review Jurisdictional Fact Development Consent Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 62 Sustainable Aquaculture

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Parties

Gales Holdings Pty Ltd

Applicant

Minister for Planning

First Respondent

Australian Bay Lobster Producers Pty Ltd

Second Respondent

Procedural Posture

Judicial Review / Final Judgment After Remitter From NSW Court of Appeal

Legal Issues

  1. 1 Whether the formation of the requisite opinion for categorisation of development is a jurisdictional fact under SEPP 62
  2. 2 Whether the Minister erred in categorising the development as class 2 rather than class 3 aquaculture development under SEPP 62
  3. 3 Whether misconstruing 'catchment' and 'indigenous' in the project profile analysis vitiated the consent

Ratio Decidendi

The opinion formed by the Minister under clause 13(1) of SEPP 62 is not a jurisdictional fact but a matter reasonably open to the Minister. The categorisation as class 2 aquaculture development was not manifestly unreasonable, and there is no ground for judicial review of the Minister’s opinion. The application to set aside the determination under cl 13(2) is dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The exhibits may be returned.