Gales Holdings Pty Ltd v Minister for Infrastructure and Planning

The Court of Appeal of New South Wales heard an appeal concerning the validity of Tweed Local Environmental Plan (Amendment No 14). The appellant, Gales Holdings Pty Ltd, challenged the Minister for Infrastructure and Planning's decision to adopt the amendment, which had purportedly come into effect on 6 August 2004. The core of the dispute revolved around whether the preparation and exhibition of the draft local environmental plan complied with the requirements of the *Environmental Planning and Assessment Act 1979* (NSW).

The central legal issues before the Court were whether the Minister's actions in preparing and exhibiting the draft local environmental plan satisfied the mandatory requirements of sections 57(2) and 66 of the *Environmental Planning and Assessment Act 1979*. Specifically, the Court had to determine the effect of any non-compliance with these provisions, whether such compliance constituted a jurisdictional requirement for the validity of the plan, and whether the considerations taken into account were relevant.

The Court of Appeal found that the Minister had failed to comply with the procedural requirements of the Act regarding the exhibition of the draft local environmental plan. It reasoned that the provisions in question were mandatory, and non-compliance rendered the subsequent adoption of the plan invalid. The Court concluded that the exhibition process was a jurisdictional requirement, meaning that failure to adhere to it meant the Minister lacked the authority to make the plan operative.

Consequently, the appeal was allowed. The orders of Bignold J made on 1 November 2005 and 2 December 2005 were set aside, and a declaration was made that Tweed Local Environmental Plan (Amendment No 14) was void and of no effect. The second respondent was ordered to pay the appellant's costs of the proceedings in the Land and Environment Court and the appeal.