Reysson Pty Ltd v Minister Administering the Environment Planning and Assessment Act 1979 [2019] NSWLEC 203

Reysson Pty Ltd v Minister Administering the Environment Planning and Assessment Act 1979 [2019] NSWLEC 203

Section 6(1) of the Coastal Management Act 2016 does not establish a jurisdictional fact; the identification of areas as 'coastal wetlands and littoral rainforests area' in the State Environmental Planning Policy (Coastal Management) 2018 is not a matter for objective determination by the Court but for the Minister/Governor exercising legislative judgment. The 100-metre proximity buffer is not disproportionate to the legislative aims, and the policy is not invalid for lack of Governor's specific approval of the map, as the statutory scheme permits map approval/adoption by the Minister.

Jurisdiction
Australia
Judgment Date
23 December 2019
Procedural Posture
Judicial Review / Principal Judgment (final Disposition at First Instance)
Outcome
Application dismissed
Legal Topics
['judicial Review' 'coastal Management' 'state Environmental Planning Policy' 'delegated Legislation' 'jurisdictional Fact' 'proportionality' "governor's Role in Delegated Legislation"]
['administrative Law' 'environmental Law' 'planning Law'] ['judicial Review' 'coastal Management' 'state Environmental Planning Policy' 'delegated Legislation' 'jurisdictional Fact' 'proportionality' "governor's Role in Delegated Legislation"]

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Procedural Posture

Judicial Review / Principal Judgment (final Disposition at First Instance)

Legal Issues

  1. 1 ["Whether the identification of 'coastal wetlands and littoral rainforests area' under s 6 of the Coastal Management Act 2016 in the State Environmental Planning Policy (Coastal Management) 2018 is a jurisdictional fact subject to court determination" 'Whether the 100-metre proximity area imposed by the policy is disproportionate or invalid' 'Whether the policy is invalid because the Governor did not approve the relevant map at the time of making the SEPP']

Ratio Decidendi

Section 6(1) of the Coastal Management Act 2016 does not establish a jurisdictional fact; the identification of areas as 'coastal wetlands and littoral rainforests area' in the State Environmental Planning Policy (Coastal Management) 2018 is not a matter for objective determination by the Court but for the Minister/Governor exercising legislative judgment. The 100-metre proximity buffer is not disproportionate to the legislative aims, and the policy is not invalid for lack of Governor's specific approval of the map, as the statutory scheme permits map approval/adoption by the Minister.

Court Disposition

Application dismissed

Orders

  • ['The amended summons dated 14 August 2019 is dismissed.' "The Applicant is to pay the First Respondent's costs of the proceedings unless a notice of motion seeking a different costs order is filed within 28 days." 'The exhibits are returned.']