Planning and Development Amendment Act 2020 (ACT)

The ACT Supreme Court considered an application by the University of New South Wales (UNSW) for judicial review of the Planning and Development Amendment Act 2020. The UNSW sought to challenge the legislation, which amended the planning and development laws to impose specific conditions on direct sales of land to the University within the UNSW campus. The University argued that the amendments were beyond the legislative powers of the ACT and that they constituted an unconstitutional interference with its property rights.

The court was required to determine whether the amendments were valid exercises of the ACT's legislative power, and whether they were consistent with the Australian Constitution. In particular, the court needed to assess whether the amendments were within the scope of the ACT's planning and development laws, and whether they represented an unreasonable or arbitrary interference with the University's property rights.

The court found that the amendments were valid exercises of the ACT's legislative power, and that they were consistent with the Australian Constitution. The court held that the amendments were within the scope of the ACT's planning and development laws, and that they represented a reasonable and justifiable interference with the University's property rights. The court noted that the amendments were designed to ensure that land within the UNSW campus was used for education and research purposes, and that they were consistent with the UNSW precinct deed. The court also found that the amendments did not constitute an unconstitutional interference with the University's property rights, as they did not deprive the University of the beneficial use or enjoyment of its property.

The court dismissed the UNSW's application for judicial review, and held that the Planning and Development Amendment Act 2020 was valid and constitutional.