Transport Action Group Against Motorways Inc v Roads and Traffic Authority

Transport Action Group Against Motorways Inc (TAG) sought judicial review of decisions made by the Roads and Traffic Authority (RTA) concerning the construction of a motorway. TAG contended that the RTA's decisions were invalid as they contravened the provisions of Part 5 of the *Environmental Planning and Assessment Act 1979* (NSW). The matter came before the Court of Appeal of New South Wales.

The central legal issues before the court were whether the RTA had a duty to consider the environmental impact of "activities" undertaken in relation to the motorway construction, the meaning and scope of "modification" in the context of the Act, and whether a further environmental impact statement was required. TAG also raised arguments concerning the principles of natural justice and procedural fairness, specifically the requirement for specificity and finality in the RTA's decision-making process.

The Court of Appeal dismissed TAG's appeal. The court's reasoning, while not detailed in the provided text, would have involved an interpretation of Part 5 of the *Environmental Planning and Assessment Act 1979* and its application to the RTA's actions. The decision implies that the court found the RTA's actions to be compliant with the statutory requirements, or that TAG failed to establish a breach of those requirements or of the principles of natural justice.

The appeal was dismissed with costs awarded to the RTA.