The Next Generation Pty Ltd v Independent Planning Commission [2020] NSWLEC 70

The Next Generation Pty Ltd v Independent Planning Commission [2020] NSWLEC 70

On its proper construction, s 8.12(3) of the Environmental Planning and Assessment Act 1979 (NSW) provides that an objector who applies within the required period becomes a party to the proceedings and cannot lawfully be excluded from any part of the hearing, including any part of the conciliation conference under s 34 of the Land and Environment Court Act 1979 (NSW). There is no justification in the statutory context or legislative history for limiting objectors' participation to the final hearing only or for excluding them from confidential conciliation processes.

Jurisdiction
Australia
Judgment Date
18 June 2020
Procedural Posture
Merit Appeal (class 1 Proceeding) / Interlocutory Motion / Determination of Questions of Law
Outcome
Questions of law answered in favour of Jacfin Pty Ltd (objector): Jacfin is a party under s 8.12(3), cannot be lawfully excluded from any part of the hearing, including the conciliation conference.
Legal Topics
["statutory Construction of Objector's Participation Rights Under Environmental Planning and Assessment Act" 'party Status of Objectors in Proponent Appeals' 'joinder and Participation in Conciliation Procedures']
['planning and Environment Law' 'administrative Law' 'civil Procedure'] ["statutory Construction of Objector's Participation Rights Under Environmental Planning and Assessment Act" 'party Status of Objectors in Proponent Appeals' 'joinder and Participation in Conciliation Procedures']

Case Brief

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Procedural Posture

Merit Appeal (class 1 Proceeding) / Interlocutory Motion / Determination of Questions of Law

Legal Issues

  1. 1 ['Whether an objector given notice under s 8.12(3) of the Environmental Planning and Assessment Act 1979 (NSW) is a party to a proponent appeal' 'Whether objector status entitles participation in all stages, including conciliation conference under s 34 of the Land and Environment Court Act 1979 (NSW)' 'Scope and rationale for third party rights after amendments to the EPA Act']

Ratio Decidendi

On its proper construction, s 8.12(3) of the Environmental Planning and Assessment Act 1979 (NSW) provides that an objector who applies within the required period becomes a party to the proceedings and cannot lawfully be excluded from any part of the hearing, including any part of the conciliation conference under s 34 of the Land and Environment Court Act 1979 (NSW). There is no justification in the statutory context or legislative history for limiting objectors' participation to the final hearing only or for excluding them from confidential conciliation processes.

Court Disposition

Questions of law answered in favour of Jacfin Pty Ltd (objector): Jacfin is a party under s 8.12(3), cannot be lawfully excluded from any part of the hearing, including the conciliation conference.

Orders

  • ['Declaration that Jacfin Pty Ltd is a party referred to in s 8.12(3) of the Environmental Planning and Assessment Act 1979 (NSW)' 'Declaration that Jacfin Pty Ltd cannot be lawfully excluded from any part of the hearing, including any part of a conciliation conference under s 34 of the Land and Environment Court...