Moore v Local Land Services

[2023] NSWCATAD 140

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Moore v Local Land Services [2023] NSWCATAD 140

Hearing dates:

23 August 2022

Date of orders:

07 June 2023

Decision date:

07 June 2023

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

K Ransome, Senior Member

Decision:

(1)   The appeal is dismissed.

Catchwords:

ADMINISTRATIVE REVIEW – external appeal – assessment of notional carrying capacity of land – no jurisdiction with respect of exercise of discretion to levy rates – no evidence assessment in error

Legislation Cited:

Civil and Administrative Tribunal Act 2013

Local Land Services Act 2013

Local Land Services Regulation 2014

Cases Cited:

Alchin V Rail Corporation NSW [2012] NSWADT 142

Braiding v Charles Sturt University [2016] NSWCATAD 90

Carr v Western Australia 920070 232 CLR

Hariz v Commissioner of Police [2021] NSWCATAD 6

Long v Metromix Pty Limited [2019] NSWCATAP 198

Mills v Local Land Services [2015] NSWCATAD 207

New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act (2016) 91 ALJR 177

Rodriguez v United States 480 US 222 (1987)

Ryan v Northern Tablelands Local Land Services [2021] NSWCATAD 36

Samuell v Medical Council of New South Wales [2020] NSWCATOD 149

Yammatree Pty Ltd v North West Local Land Service [2015] NSWCATAD 35

Texts Cited:

None cited

Category:

Principal judgment

Parties:

Catherine Moore (Applicant)
Local Lands Services (Respondent)

Representation:

Applicant (Self Represented)
Crown Solicitor (Respondent)

File Number(s):

2022/00114518

Publication restriction:

Nil

REASONS FOR DECISION

1. Catherine Moore owns a property near Braidwood. Since June 2019 about three quarters of her 123.2 hectare holding has been a Conservation Area under a Conservation Agreement with the Biodiversity Conservation Trust under the Biodiversity Conservation Act 2016. Ms Moore does not run stock on her property and, indeed, under the terms of the Conservation Agreement is not permitted to run stock on that part of the property comprising the Conservation Agreement.

2. The following sequence of events is taken from statements made by Ms Moore and a statement by Luke Pope dated 5 August 2022. Mr Pope is the General Manager of South East Local Land Services (LLS).

3. On 25 January 2022 Ms Moore was issued a rates notice by LLS for the period 1 January 2022 to 31 December 2022. The rates notice set out the following details:

1. the area of land was 123.2 hectares;

2. the notional carrying capacity of Ms Moore’s holding of land was 2.4374 stock units per hectare;

3. the total notional carrying capacity of the land was 300.29 stock units; and

4. the amount of rates levied was $208.33 which included a general rate and a special purpose pest management rate.

4. Ms Moore sought a reassessment of the notional carrying capacity as applied in the rate notice. In a letter accompanying her application for a reassessment, Ms Moore referred to the fact that three quarters of the holding is a Conservation Area in which stock are not permitted, that she has never run stock on the property and the soil is of poor quality and unsuitable for…