Check v Administration of Norfolk Island

The plaintiffs, Brian John Check and others, sought a declaration that the Emergency Provision of Crushed Rock and Aggregates Bill 2005 (NI) (the Emergency Act) was invalid, as well as an injunction and other relief to prevent the Administrator of Norfolk Island from exercising powers under the Act. The Norfolk Island Administration was the defendant in the case, which was heard in the Supreme Court of Norfolk Island. The primary legal issue before the court was whether the Emergency Act was within the legislative powers of the Norfolk Island Legislative Assembly and whether the Administrator had the authority to assent to the Act.

The court found that the Norfolk Island Act 1979 (Cth) (NI Act) listed possible subject matters of legislation, and it was accepted that 'quarrying' and 'public works' were relevant. However, the court held that even reading 'quarrying' broadly, it could not cover the legalisation of treating extracted material at a site remote from the quarry itself. As for public works, the court found that while some materials produced under the Act might be used in public works, the Act did not authorise the carrying out of, or provide funds for, any particular public works or public works in general. Therefore, the Act could not be described as a law relating to either of the matters listed in Schedule 2 of the NI Act. The court concluded that the Deputy Administrator had no power to assent to the Act, and the assent was invalid, rendering the Act null and void.

The court found that the Emergency Act was not within the legislative powers of the Norfolk Island Legislative Assembly and that the Administrator's assent to the Act was invalid. Consequently, the plaintiffs' application for a declaration that the Emergency Act was invalid was successful. The court dismissed the application with costs.