The People of the Small Town of Hawkesdale Incorporated v Minister for Planning

The People of the Small Town of Hawkesdale Incorporated, an incorporated association, brought an action for judicial review against the Minister for Planning, seeking to quash a decision to extend the time for the completion of a wind farm development in Hawkesdale. The Association also sought a declaration that the permit had expired on 29 August 2020. The Association argued that the decision to extend the time for completion of the wind farm was invalid because there was no valid request to extend the permit under section 69(1) of the Planning and Environment Act 1987 (Vic). Alternatively, the Association argued that the decision was affected by an error of law on the face of the record. The Minister for Planning, the wind farm proponents Global Power Generation Australia Pty Ltd and Hawkesdale Asset Pty Ltd, defended the proceeding.

The court considered two issues: the standing of the Association to bring the proceeding, and the validity of the decision to extend the time for completion of the wind farm. The court found that the Association had no standing to bring the proceeding because it was not established that the Association had a special interest in the subject matter of the proceeding. The Association had been formed for the purpose of bringing the proceeding, and its members did not have standing to bring the proceeding individually. The court found that the Association could not derive standing from the interests of its members. The court also found that the Minister’s decision to extend the time for completion of the wind farm was valid, and was not affected by an error of law on the face of the record. The court found that the Minister had the power to extend the time for completion of the wind farm under section 69(2) of the Planning and Environment Act 1987 (Vic), and that the Minister’s decision was not affected by an error of law on the face of the record.

As a result, the proceeding was dismissed. The court found that the Association had no standing to bring the proceeding, and that the decision to extend the time for completion of the wind farm was valid. The court made no orders as to costs.