Capital Property Projects (ACT) Pty Ltd v Planning & Land Authority

Capital Property Projects (ACT) Pty Limited and others (the plaintiffs) brought proceedings against the Planning and Land Authority and others (the defendants) seeking to challenge the validity of a regulation which exempts certain developments from review by the Administrative Appeals Tribunal (AAT) of the Australian Capital Territory. The plaintiffs argued that the regulation was inconsistent with the power to make regulations set out in the Land (Planning and Environment) Act 1991 (ACT) and the Australian Capital Territory (Planning and Land Management) Act 1988 (Cth). The court considered whether the regulation was valid and whether the AAT had jurisdiction to hear the proceedings. The court found that the regulation was invalid because it did not specify a kind of development but rather exempted development in certain areas without regard to the nature of the development activity. The court did not make a declaration as to the AAT's jurisdiction as it was sufficient to declare the regulation invalid.