Canobolas Heritage Railway Society Inc v General Manager, Bathurst Regional Council

The case of Canobolas Heritage Railway Society Inc v General Manager, Bathurst Regional Council, involves the Society's application for access to certain properties under the Heritage Act 1980. The dispute reached the Supreme Court of New South Wales. The Society sought to review the Council's decision to deny access to the properties. The Council argued that the application was outside the jurisdiction of the court.

The primary legal issues before the court were whether the application for review was within the jurisdiction of the court and whether the court had the authority to review the Council's decision. The court had to determine whether the application related to the access application made on 3 September 2003 or to subsequent applications made on 11 September 2003 or 14 October 2003. The court also had to consider whether the application for review was made within the statutory time limits and whether the Society had standing to bring the application.

The court found that the application for review was within jurisdiction only in relation to the access application made on 11 September 2003 or 14 October 2003. The application made on 3 September 2003 was deemed to be outside the court's jurisdiction. The court held that the application for review was not time-barred and that the Society had standing to bring the application. The court concluded that the application for review was within its jurisdiction in relation to the subsequent access applications and that a further planning meeting should be convened.