Alphadale Pty Ltd v Chief Executive, Department of Environment and Heritage Protection

Alphadale Pty Ltd sought a stay pending appeal of a review decision made by the Chief Executive, Department of Environment and Heritage Protection. The Land Court had previously refused to grant a stay, holding that it had no power to do so by reason of s 522A(2) of the Environmental Protection Act 1994 (Qld). Alphadale argued that the Land Court's power to stay a review decision pending appeal was conferred by s 7A of the Land Court Act 2000 (Qld) rather than s 522 of the Environmental Protection Act 1994 (Qld). The court was required to determine whether the Land Court's power to stay a review decision pending appeal was conferred by s 522 of the Environmental Protection Act 1994 (Qld).

The court considered the drafting errors or omissions apparent in the statute. It examined the explanatory notes to the Environmental Protection (Chain of Responsibility) Act 2016, which implied that a stay could be granted pursuant to s 522 until an appeal was decided. The court also looked at the purpose of s 522, which was to give both the Land Court and the Planning and Environment Court jurisdiction to stay an original decision pending internal departmental review. The court held that the main purpose of s 522 was to grant jurisdiction to stay an original decision pending review and appeal. The court concluded that the Land Court's power to stay a review decision pending appeal was conferred by s 522 of the Environmental Protection Act 1994 (Qld).

The court allowed the appeal and stayed the review decision of the respondent dated 22 April 2016 until the disposition of the appeal begun on 20 May 2016 in the court, or further prior order.