LDF Enterprise Pty Ltd v State of New South Wales [2017] NSWCA 89

LDF Enterprise Pty Ltd v State of New South Wales [2017] NSWCA 89

The Supreme Court lacked jurisdiction to entertain the proceedings, as exclusive jurisdiction for the enforcement or review of rights and functions under planning or environmental laws is vested in the Land and Environment Court by s 71 and s 20 of the Land and Environment Court Act 1979 (NSW. Furthermore, the statutory scheme for powers of entry under s 196 of the Protection of the Environment Operations Act 1997 (NSW), as picked up by s 156B(2)(a) of the National Parks and Wildlife Act 1974 (NSW), clearly displaces any obligation to accord procedural fairness prior to exercise of entry powers.

Jurisdiction
Australia
Judgment Date
03 May 2017
Procedural Posture
Application for Leave to Appeal / Leave to Appeal and Appeal Heard Together; Ex Tempore Judgment
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['procedural Fairness' 'jurisdiction' 'statutory Powers of Entry' 'injunctive Relief' 'exclusive Jurisdiction of Land and Environment Court']
['administrative Law' 'environmental Law' 'civil Procedure'] ['procedural Fairness' 'jurisdiction' 'statutory Powers of Entry' 'injunctive Relief' 'exclusive Jurisdiction of Land and Environment Court']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal and Appeal Heard Together; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether Supreme Court had jurisdiction to grant injunctive relief regarding statutory powers of entry' 'Whether officers exercising power of entry under s 196 Protection of the Environment Operations Act 1997 (NSW) are obliged to accord procedural fairness to landowners']

Ratio Decidendi

The Supreme Court lacked jurisdiction to entertain the proceedings, as exclusive jurisdiction for the enforcement or review of rights and functions under planning or environmental laws is vested in the Land and Environment Court by s 71 and s 20 of the Land and Environment Court Act 1979 (NSW. Furthermore, the statutory scheme for powers of entry under s 196 of the Protection of the Environment Operations Act 1997 (NSW), as picked up by s 156B(2)(a) of the National Parks and Wildlife Act 1974 (NSW), clearly displaces any obligation to accord procedural fairness prior to exercise of entry powers.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Grant leave to appeal.' 'Direct LDF Enterprise to file a notice of appeal in the form contained in the white folder within 7 days, and otherwise dispense with rules as to service.' 'Appeal dismissed.' 'Dismiss the statement of claim in proceeding 2017/100386.' "LDF Enterprise to pay the State's costs in this...