Dates v NSW Minister for Planning [2009] NSWLEC 38

Dates v NSW Minister for Planning [2009] NSWLEC 38

Section 75U(1)(d) of the EPA Act and the related approval conditions do not breach or create inconsistency with ss 9 or 10 of the Racial Discrimination Act, as they do not result in unequal enjoyment of a right between Aboriginal and non-Aboriginal persons nor do they amount to a racially directed prohibition or distinction. Accordingly, there is no invalidity under s 109 of the Constitution.

Jurisdiction
Australia
Judgment Date
06 April 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
summons dismissed
Legal Topics
['racial Discrimination' 'statutory Interpretation' 'project Approval' 'aboriginal Cultural Heritage' 'inconsistency Under S 109 of Commonwealth Constitution']
['constitutional Law' 'administrative Law' 'planning and Environment Law'] ['racial Discrimination' 'statutory Interpretation' 'project Approval' 'aboriginal Cultural Heritage' 'inconsistency Under S 109 of Commonwealth Constitution']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether s 75U(1)(d) of Environmental Planning and Assessment Act 1979 (NSW) and project approval conditions breach or fail to comply with ss 9 and 10 of Racial Discrimination Act 1975 (Cth) and are consequently invalid under s 109 of the Commonwealth Constitution']

Ratio Decidendi

Section 75U(1)(d) of the EPA Act and the related approval conditions do not breach or create inconsistency with ss 9 or 10 of the Racial Discrimination Act, as they do not result in unequal enjoyment of a right between Aboriginal and non-Aboriginal persons nor do they amount to a racially directed prohibition or distinction. Accordingly, there is no invalidity under s 109 of the Constitution.

Court Disposition

summons dismissed

Orders

  • ['The summons is dismissed.' 'Costs are reserved, with any application to be made within seven days. Otherwise, there will be no costs order.' 'Exhibits may be returned.']