Kennedy (on behalf of Sandon Point Aboriginal Tent Embassy) v. Minister for Planning (NSW) (Land and Environment Court of New South Wales, 2010)

Australia

Jurisdiction: Australia

Side A: Kennedy (on behalf of Sandon Point Aborigal Tent Embassy) (Ngo)

Side B: Minister for Planning (Government)

Core objectives: Challenge to approval given by Minister for Planning for construction proposal on grounds that procedure did not follow Environmental Planning and Assessment Act

Summary

Roy "Dootch" Kennedy challenged the Minister for Planning's approval of Stockland's construction proposal. Kennedy objected to the Minister's approval on four grounds under the Environmental Planning and Assessment Act: (1) the approval for the proposal was outside the Minister's power because Stockland had made donations to the Labor Party of which the Minister was a member; (2) the rights and impacts on aboriginal people had not been sufficiently considered; (3) the assessment of the archaeological viability of the site was not adequate; and (4) potential flooding and extreme weather events caused by climate change had to be more thoroughly examined. The court held that all aspects of the Environmental Planning and Assessment Act had been upheld by the Minister in approving the proposal.

Case documents

Decision