Ocean Shores Community Association Inc v Byron Shire Council (No 3)

Land and Environment Court New South Wales Medium Neutral Citation: Ocean Shores Community Association Inc v Byron Shire Council (No 3) [2015] NSWLEC 171 Hearing dates:20 October 2015Date of orders: 30 October 2015 Decision date: 30 October 2015 Jurisdiction:Class 4Before: Pain J Decision: (1)   Amended summons dated 20 October 2015 dismissed(2)   Injunction restraining the sale of the land made on 9 October 2015 dissolved(3)   Costs reserved(4)   Exhibits may be returned Catchwords: JUDICIAL REVIEW – Minister’s delegate had valid delegation to issue gateway determination approving amendment of local environmental plan to reclassify land from community to operational – gateway determination not invalid because of mistake of jurisdictional fact – gateway determination under Environmental Planning and Assessment Act 1979 not made in breach of s 30 of Local Government Act 1993 Legislation Cited: Administrative Arrangements (Administrative Changes–Ministers and Public Service Agencies) Order 2014 cll 3, 4, 7, 19(2) Byron Local Environmental Plan 1988 Byron Local Environmental Plan 2014 (Amendment No 2) Constitution Act 1902 (NSW) s 50E Environmental Planning and Assessment Act 1979 (NSW) ss 5, 23, 24, 26(1)(h), 53, 54, 55, 56, 59, 118 Environmental Planning and Assessment Amendment Act 2014 (NSW) Government Sector Employment Act 2013 (NSW) s 73, Sch 1 Interpretation Act 1987 (NSW) ss 5(2), 8, 49 Local Government Act 1993 (NSW) ss 25-34, 45, Ch 6 Pt 2 Div 1 Public Sector Employment and Management Act 2002 (NSW) Sch 1 Div 2 Cases Cited: Australian Education Union v Department of Education and Children's Services [2012] HCA 3;...