Lunney v Bulloo Shire Council

[2023] QCAT 218

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Lunney v Bulloo Shire Council [2023] QCAT 218

PARTIES:

EDWARD LUNNEY

(applicant)

v

BULLOO SHIRE COUNCIL

(respondent)

APPLICATION NO/S:

GAR683-21

MATTER TYPE:

General administrative review matters

DELIVERED ON:

19 June 2023

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member King-Scott

ORDERS:

Application to review is dismissed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL - Where the applicant seeks review of the power of a local government to levy rates - where the Tribunal has no jurisdiction to review

Local Government Act 2009 (Qld)

Queensland Civil and Administrative Tribunal Act 2009 (Qld)

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

Applicant:

Self-represented

Respondent:

Self-represented

REASONS FOR DECISION

1. Mr Edward Lunney has an ongoing dispute with the Bulloo Shire Council in relation to a decision by the Council to levy rates in respect of a mining claim Mr Lunney holds over land at Blackgate Road, Dynevor which is within the Council’s local government area.

2. On 10 December 2021, Mr Lunney filed an application to review the Council's decision to levy rates in respect of the mining claim.

3. Directions were made on 12 January 2022 for the parties to file written submissions addressing whether the Tribunal has jurisdiction to review the decision

4. The Queensland Civil and Administrative Tribunal review jurisdiction is conferred on the Tribunal under section 17 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act) by an enabling Act to review a decision made or taken to have been made by another entity under the Act.

5. Under section 6 (2) of the QCAT Act an “enabling Act” is defined as:—

   (a) an Act, other than this Act, that confers original, review or appeal         jurisdiction on the tribunal; or

   (b) subordinate legislation, other than subordinate legislation under this Act, that confers review jurisdiction on the tribunal.

6. The power of a local government authority to levy rights is contained in section 94 of the Local Government Act 2009 (Qld). That Act does not give jurisdiction to this Tribunal to review the right of a local authority to levy rates.

7. There is provision in the Local Government Act 2009 (Qld) for this Tribunal to review decisions of a local authority but in very limited cases not in any way relating to the levying of rates.[1]

   [1]See ss. 150AT and 150CR Local Government Act 2009

8. In the circumstances, I dismiss Mr Lunney’s application to review.