O'Donnell v Environment Protection Authority

The case of O'Donnell v Environment Protection Authority involved the appellant, who sought leave to appeal and an appeal against a decision by the Appeal President of the ACT Civil and Administrative Tribunal. The Tribunal upheld a decision by the Environment Protection Agency for the appellant to cap an unlicensed bore on urban residential land. The appellant argued that the Appeal President had failed to provide natural justice, as he was not advised that the licence application fee had not been received. Additionally, the appellant contested whether the respondent had an obligation to process the licence application despite the unpaid fee.

The court had to determine whether the Appeal President's use of "natural justice" meant procedural fairness or an alternative term like good administrative practice or common courtesy. The court also had to consider whether the failure to advise the appellant about the unpaid fee rendered the decision to cap the bore five years later unconscionable. Furthermore, the court examined whether the preservation of rights, privileges, and liabilities under the relevant legislation was displaced expressly or by a manifest contrary intention. The court found that the Appeal President's use of "natural justice" did not equate to procedural fairness and that the failure to advise the appellant about the unpaid fee did not render the decision unconscionable. Finally, the court determined that the preservation of rights, privileges, and liabilities was only displaced expressly or by a manifest contrary intention.

The court refused the appellant's application for leave to appeal and dismissed the appeal. The appellant was ordered to pay the respondent's costs on an ordinary basis, as agreed or assessed. The order for payment of costs was suspended for seven days to allow the parties to list the matter for argument regarding the costs.