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Kennedy (on behalf of Sandon Point Aboriginal Tent Embassy) v. Minister for Planning

Country/Territory
Australia
Date
Jul 1, 2010
Source
UNEP, InforMEA
Court name
Land and Environment Court
Seat of court
New South Wales
Reference number
[2010] NSWLEC 129 (Australia)
Abstract
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.

Key environmental legal questions:

Challenge to approval given by Minister for Planning for construction proposal on grounds that procedure did not follow Environmental Planning and Assessment Act
Full text
Non-US_Kennedy-v.-NSW-Min-for-Planning-2010-NSWLEC-129.pdf
Website
climatecasechart.com