The issues to be considered and the Applicant’s submissions [17] Ordinarily, a party seeking to invoke this Court’s declaratory jurisdiction is expected The Queensland Judgments website is a joint initiative of the Incorporated Council of Law Reporting The Planning and Environment Court was constituted in 1990 by the Local Government (Planning and Environment) Act, and replaced the former Local Government Court. PLANNING & ENVIRONMENT COURT OF QUEENSLAND CITATION: Rainbow Shores P/L v Gympie Regional Council & Ors [2013] QPEC 26 PARTIES: RAINBOW SHORES PTY LTD (Appellant) V GYMPIE REGIONAL COUNCIL (Respondent) And CHIEF EXECUTIVE DEPARTMENT OF ENVIRONMENT AND RESOURCE MANAGEMENT (Co-respondent) And J. LAWLER & ORS (First respondent by election) And The third version of the Queensland Judgments has been launched. The second version of the Queensland Judgments website has been launched. [2021] QDC 34, 16 Feb 2021Application in Pending Proceeding – Where the Plaintiff’s Statement of Claim... [2021] QDC 30, 02 Mar 2021Catchwords not supplied, [2021] QDC 26, 29 Jan 2021Domestic and Family Violence Law - Appeal, [2021] QDCPR 10, 05 Feb 2021Criminal Law - Evidence. The general rule in relation to costs for proceedings in the Planning and Environment Court (Court) is that each party to a proceeding must bear the party’s own costs for the proceeding. The second version of the Queensland Judgments website has been launched. change, selecting a model and planning the best practices which optimally serve each country’s unique judicial, legal, social, economic and political environment. Below is the link to decisions by the Planning and Environment Court. 4 Pty Ltd v Moreton Bay Regional Council (No. The Queensland Judgments website is a joint initiative of the Incorporated Council of Law Reporting The DPEA is responsible for the administration of over 20 different types of casework. The new series will continue to be known as the Queensland Reports, but will be published as a set of consecutively numbered volumes – with three volumes published each year. Planning and Environment Court Original decisions mentioned in Schedule 2, Part 2 can be appealed against to the Planning and Environment Court. A recent decision by the Queensland Planning and Environment Court has important implications for appeals in relation to the development applications made, but not decided, before 3 July 2017. Application in Pending Proceeding – Where the Plaintiff Filed an Amended State... Australian Consumer Law – Misleading and Deceptive Conduct. The objectives of this Plan are 1) to reduce the backlog of applications awaiting registration and 2) to release more planning decisions. Recent Environment Court Decisions September 2020 [2020] NZEnvC 146 River Terrace Developments Ltd v Central Otago District Council [PDF, 566 KB] [2020] NZEnvC 147 Grant's Motels Limited v Dunedin City Council [PDF, 599 KB] [2020] NZEnvC 148 Donaldson v Queenstown Lakes District Council [PDF, 1.6 MB] [2020] NZEnvC 149 Environmental Defence Society Inc v New Zealand Aluminium Smelters … This version adds an additional 35,000 unreported judgments and provides users with the option of viewing judgments in their original printed format. [2021] QLAC 1, 03 Mar 2021Costs – Where the Court Gave Judgment Dismissing Each of the Appellant’s App... [2021] QLC 6, 26 Feb 2021Energy and Resources - Minerals, [2021] QLC 5, 11 Feb 2021Procedure - Civil Proceedings in State and Territory Courts, [2021] QLC 4, 08 Feb 2021Human Rights - Jurisdiction and Procedure, [2021] QLC 3, 02 Feb 2021Energy and Resources – Minerals, [2021] QLC 2, 22 Jan 2021Real Property - Valuation of Land, [2021] QLC 1, 15 Jan 2021Energy and Resources - Minerals, [2021] QIRC 63, 24 Feb 2021Industrial Law - Notice of Industrial Dispute, [2021] QIRC 68, 02 Mar 2021Catchwords not supplied, [2021] QIRC 66, 23 Feb 2021Industrial Law - Workers' Compensation, [2021] QIRC 67, 01 Mar 2021Industrial Law – Public Service Appeal, [2021] QIRC 61, 23 Feb 2021Industrial Law - Public Service Appeal, [2021] QIRC 65, 25 Feb 2021Industrial Law - Public Service Appeal, [2021] QIRC 62, 23 Feb 2021Industrial Law – Application to Lift A Stay on A Form 29 Notice of Non, [2021] QIRC 64, 24 Feb 2021Industrial Law - Public Service Appeal, [2021] QCHC 3, 22 Feb 2021Criminal Law - Evidence of an Interview, [2021] QCHC 1, 16 Feb 2021Criminal Law - Appeal Against Sentence, [2021] QCHC 2, 16 Feb 2021Criminal Law - Appeal Against Sentence, [2020] QCHC 35, 18 Nov 2020Criminal Law - Appeal Against Sentence, [2020] QCHC 44, 04 Dec 2020Criminal Law - Appeal Against Sentence, [2020] QCHC 39, 02 Dec 2020Criminal Law – Appeal Against Sentence, [2020] QCHC 41, 03 Dec 2020Criminal Law - Appeal Against Sentence, [2020] QCHC 42, 03 Dec 2020Criminal Law - Appeal Against Sentence, [2020] QMHC 3, 10 Feb 2020Catchwords not supplied, [2019] QMHC 4, 02 May 2019Mental Health - Appeal, [2019] QMHC 3, 19 Mar 2019Catchwords not supplied, [2019] QMHC 2, 27 Feb 2019Catchwords not supplied, [2018] QMHC 14, 19 Nov 2018Catchwords not supplied, [2018] QMHC 11, 23 Oct 2018Catchwords not supplied, [2018] QMHC 12, 23 Oct 2018Catchwords not supplied. this website please, To perform a search please enter your search query. Planning and Environment Court ... Browse Local Government Court Decisions by Year 1991: 001-099 100-199 200-299 300-399 400-499 500-599 600-699 700-770. That general rule is set out in section 59 of the Planning and Environment Court Act 2016 (PEC Act). Thanks for reaching out! This website is published by the Incorporated Council of Law Reporting for the State of Queensland and the The most significant change has been the expansion of the website’s coverage to all Queensland Courts and Tribunals (on and from 2015). Powe v David Hansen on behalf of Logan City Council [2021] QDC 12 For the best experience viewing Queensland Reports View Our Introductory Video. Establishing a delegated authority process (for example, a small council subcommittee) to monitor progress and make decisions as required It is not always easy to predetermine which appeals may be mediated to a resolution and which are irreconcilable and will end up before the Environment Court. Administrative Law - Administrative Tribunals, Environment and Planning - Environmental Planning, Planning and Environment – Originating Application, Planning and Environment - Appeal Against Refusal of Development Application, Environment and Planning - Development Control. Visit the the State of Queensland and the Supreme Court of Queensland Library Committee, with the support of Someone from our team will get Under section 64(1) of the Planning and Environment Court Act 2016(Qld), a party is generally required to apply for leave to appeal to the Court of Appeal against a P&E Court decision 'within 30 business days after receiving the decision'. It was established on 1 September 1980 by the Land and Environment Court Act 1979 (the Court Act). The DPEA Division of the Scottish Government plays an important role in the Planning Appeals system in Scotland. [2021] QDC 34, 16 Feb 2021Application in Pending Proceeding – Where the Plaintiff’s Statement of Claim... [2021] QDC 30, 02 Mar 2021Catchwords not supplied, [2021] QDC 26, 29 Jan 2021Domestic and Family Violence Law - Appeal, [2021] QDCPR 10, 05 Feb 2021Criminal Law - Evidence. Administrative Law — Freedom of Information, Procedure — Civil Proceedings in State and Territory Courts, Associations and Clubs — Incorporated Associations, Local Government - Powers, Functions and Duties of Councils Generally, Procedure - Civil Proceedings in State and Territory Courts, Appeal and New Trial – Appeal – General Principles, Appeal and New Trial - Appeal - General Principles, Private International Law - Restraint of Proceedings, Appeal and New Trial - Appeal General Principles, Contracts - General Contractual Principles, Contracts - Building, Engineering and Related Contracts, General Contractual Principles - Construction and Interpretation of Contracts. [2020] QMC 14, 29 Oct 2020Legal Professional Costs - Assessment of Costs Under THE Legal Profession Act 20... [2020] QMC 15, 30 Oct 2020Catchwords not supplied, [2020] QMC 12, 14 Feb 2020Evidence — Reliance on Spoken Words, [2020] QMC 13, 28 Sep 2020Catchwords not supplied, [2020] QMC 11, 04 Sep 2020Catchwords not supplied, [2020] QMC 10, 24 Sep 2020Catchwords not supplied, [2021] QCATA 23, 10 Feb 2021Appeal and New Trial - Appeal, [2021] QCATA 24, 23 Feb 2021Appeal and New Trial – Appeal, [2021] QCAT 60, 22 Jan 2021Procedure - Civil Proceedings in State and Territory Courts, [2021] QCAT 61, 21 Jan 2021Administrative Law - Administrative Tribunals, [2021] QCAT 62, 23 Feb 2021Administrative Law - Administrative Tribunals, [2021] QCAT 63, 16 Feb 2021Fire, Explosives and Firearms - Firearms, [2021] QCAT 64, 17 Feb 2021Fire, Explosives and Firearms - Firearms, [2021] QCAT 65, 22 Jan 2021Administrative Law - Administrative Tribunals, [2021] QCAT 67, 23 Feb 2021Professions and Trades - Builders, [2021] QCAT 66, 15 Feb 2021Police - External Oversight, [2021] QPEC 12, 22 Feb 2021Environment and Planning - Environmental Planning, [2021] QPEC 10, 02 Mar 2021Planning and Environment – Originating Application, [2021] QPEC 4, 02 Mar 2021Planning and Environment - Appeal Against Refusal of Development Application, [2021] QPEC 11, 03 Mar 2021Environment and Planning - Development Control, [2021] QPEC 9, 26 Feb 2021Planning and Environment - Application, [2021] QPEC 8, 24 Feb 2021Planning and Environment – Appeal, [2021] QPEC 5, 23 Feb 2021Planning and Environment – Appeal, [2021] QPEC 6, 24 Feb 2021Planning and Environment - Appeal, [2021] QLC 7, 05 Mar 2021Real Property - Valuation of Land. for Administrative Law — Freedom of Information, Procedure — Civil Proceedings in State and Territory Courts, Associations and Clubs — Incorporated Associations, Local Government - Powers, Functions and Duties of Councils Generally, Procedure - Civil Proceedings in State and Territory Courts, Appeal and New Trial – Appeal – General Principles, Appeal and New Trial - Appeal - General Principles, Private International Law - Restraint of Proceedings, Appeal and New Trial - Appeal General Principles, Contracts - General Contractual Principles, Contracts - Building, Engineering and Related Contracts, General Contractual Principles - Construction and Interpretation of Contracts. Judicial Review. Plan Steps. Under the Environmental Planning & Assessment Act 1979 (EP&A Act), decisions on State significant development applications (DAs) are subject review and appeal.. The Sustainable Planning Act permissible change mechanism [] available to developers continues to feature in litigation before the Planning and Environment Court.. Plan Components. As a result new time limits, tighter than before and tighter than those for other cases within the Administrative Court, are now applied to planning cases. Supreme Court Library of Queensland. 1990: 001-099 100-199 200-299 300-399 400-499 500-599 600-699 700-740. Your JavaScript is currently disabled. Types of costs that may apply in the Planning and Environment Court, depending when your proceedings began. Costs – Where the Court Gave Judgment Dismissing Each of the Appellant’s App... Human Rights - Jurisdiction and Procedure, Industrial Law - Notice of Industrial Dispute, Industrial Law – Application to Lift A Stay on A Form 29 Notice of Non, Commissioner of the Police Service v Shelton, Rimfire Constructions (Qld) Pty Ltd (in liq) v CRCG-Rimfire Pty Ltd, Faamate v Congregational Christian Church in Samoa-Australia (Ipswich Congregation), Ashtrail Pty Ltd v Gold Coast City Council, Bax v Legal Practitioners Admissions Board, Island Resorts (Apartments) Pty Ltd v Gold Coast City Council, Karam Group Pty Ltd v Earthmoving Contractors Pty Ltd, WorkCover Queensland v Wallaby Grip Limited, Civil Contractors (Aust) Pty Ltd v Galaxy Developments Pty Ltd, Wiggins Island Coal Export Terminal Pty Limited v Civil Mining & Construction Pty Ltd, Prestige & Rich Pty Ltd v McGregor (No 2), Gold Coast City Council v Sunland Group Limited, Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd, Mackellar Mining Equipment Pty Ltd v Thornton, Supreme Court of Queensland - Court of Appeal, Supreme Court of Queensland - Trial Division, Queensland Civil and Administrative Tribunal, Christensen & Anor v Deputy State Coroner, Ausipile Pty Ltd v Bothar Boring and Tunnelling (Australia) Pty Ltd, Solar Panel Xpress Pty Ltd v Wallandale Pty Ltd & Ors, KV Projects Pty Ltd v Regal Bridges Pty Ltd (No. For the best experience viewing These decisions generally relate to environmental authorities for prescribed environmentally relevant activities. Visit the ), DL v Director-General, Department of Justice and Attorney General, MK v Director-General, Department of Justice and Attorney General, Yatras v Queensland Police Service – Weapons Licensing, Bui v Queensland Police Service – Weapons Licensing, Gerhardt v Queensland Building and Construction Commission, Wormell Pty Ltd v Gold Coast City Council, Baker v Chief Executive, Department of State Development, Manufacturing, Infrastructure and Planning, Traspunt No. 2), Storry v Chief Executive of the Office of Fair Trading, Department of Justice and Attorney-General, MDF v Mental Health Review Tribunal (No 2), Electoral Commission of Queensland v Palmer Leisure Australia Pty Ltd, Sunshine Phone Systems (in liq) and Anor v Martens and Martens, Go To Court Lawyers Pty Ltd v Magee & Anor, Queensland Building and Insurance Commission v Pierce, Jones Leach Lawyers Pty Ltd ACN 164 332 647 v Crosby (No. 1), Jones Leach Lawyers Pty Ltd ACN 164 332 647 v Crosby (No 2. Note: Not all court decisions are published. Queensland Case Law. Planning and Environment Court Act 2016 Part 2 Establishment and jurisdiction Page 8 Current as at 13 May 2019 Authorised by the Parliamentary Counsel (b) the court is satisfied the matter should be dealt with by the tribunal; the court must, by order, remit the matter to the tribunal. back to you soon. this website please, To perform a search please enter your search query. The most significant change has been the expansion of the website’s coverage to all Queensland Courts and Tribunals (on and from 2015). In response to customer feedback about delays, the Planning Section is currently operating a 6 week Recovery Plan in the run-up to Christmas. It is subject to exceptions, which are set out in sections 60 and 61 of the Act. Court costs. Plan Making. To obtain free access to the Queensland Reports on this website, we would ask you please to register first. For example, the Land and Environment Court has jurisdiction to hear appeals arising under, or cases to enforce the: Environmental Planning and Assessment Act 1979 (NSW), such as appeals about decisions to grant or refuse development consent,4 1 Land and Environment Court Act 1979 (NSW), s. 5(1). 4 Pty Ltd v Moreton Bay Regional Council, YFG Shopping Centres Pty Ltd as Tte & Anor v Valuer-General; Shayher Alliance Pty Ltd as Tte v Valuer-General; Leda Commercial Properties Pty Ltd as Tte v Valuer-General; Lipoma Pty Ltd as Tte v Valuer-General (No 2), Apex Outdoor Pty Ltd v Cross River Rail Delivery Authority, Waratah Coal Pty Ltd v Youth Verdict Ltd (No 2), Century Mining Limited v Department of Environment and Science, BPI No 1 Pty Ltd v Valuer-General; BWP Management Ltd v Valuer-General, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Trading as Australian Manufacturing Workers' Union v Townsville City Council, Hanson v State of Queensland (Queensland Health), Workers' Compensation Regulator v J & K Transport Qld, Parker v State of Queensland (Department of Education), Edwards v State of Queensland (Department of Education), McKenzie v State of Queensland (Queensland Health), Boorman v State of Queensland (Department of Justice and Attorney-General), Riddiford v State of Queensland (Department of Education), Maria (a pseudonym) v Director of Public Prosecutions, Daniel (a pseudonym) v The Office of the Director of Public Prosecutions, ECM v Office of Director of Public Prosecutions, LRM v Office of the Director of Public Prosecutions. The object of this website is to publish, on behalf of the Supreme Court of Queensland, a collection of the PLANNING AND ENVIRONMENT ACT 1987 TABLE OF PROVISIONS PART 1--PRELIMINARY 1.Purpose 2.Commencement 3.Definitions 3AA.Meaning of affordable housing 3AB.Order in Council specifying income ranges 3A. 14 Pty Ltd v Moreton Bay Regional Council, Traspunt No. The planning proposal authority is usually the local council, however the Minister can appoint the Secretary of the Department of Planning and Environment, a regional planning panel or a Sydney planning panel to be the planning proposal authority. ... Appeals to the Environment Court on Decisions Appeals to the Environment Court on Decisions ... consent holder or submitter can appeal a council resource consent decision to the Environment Court under s120(1). Browse the Queensland Planning and Environment Court (QPEC) latest unreported Judgments. Planning & Environment Court Act 2016, s 43. Domestic and Family Violence Law - Appeal. Changes to the decision-making rules for impact assessable development will have a flow-on effect in the Planning and Environment Court. 2 Land and Environment Court Act 1979 (NSW). The website includes a complete set of the authorised law reports of the Supreme Court of Queensland for (2020) 4 QR 321, 12 May 2020Succession — Making of A Will, (2020) 4 QR 297, 08 May 2020Administrative Law — Freedom of Information, (2020) 4 QR 279, 06 May 2020Criminal Law — Sentence, (2020) 4 QR 266, 01 May 2020Corporations — Voluntary Administration, (2020) 4 QR 252, 01 May 2020Statutes — Acts of Parliament, (2020) 4 QR 248, 24 Apr 2020Procedure — Civil Proceedings in State and Territory Courts, (2020) 4 QR 221, 28 Apr 2020Associations and Clubs — Incorporated Associations, (2020) 4 QR 192, 24 Apr 2020Appeal and New Trial — Appeal, (2020) 4 QR 171, 17 Apr 2020Criminal Law — Particular Offences, (2020) 4 QR 156, 15 Apr 2020Professions and Trades - Lawyers, [2021] QCA 19, 12 Feb 2021 - Editor's NoteLocal Government - Powers, Functions and Duties of Councils Generally, [2021] QSC 22, 05 Feb 2021 - Editor's NoteAssociations and Clubs - General Matters, [2021] QSC 13, 12 Feb 2021 - Editor's NoteCriminal Law - Sentence, [2021] QSC 15, 12 Feb 2021 - Editor's NoteCriminal Law - Sentence, [2021] QSC 10, 09 Feb 2021 - Editor's NoteEquity - Equitable Remedies, [2021] QCA 11, 05 Feb 2021 - Editor's NoteAppeal and New Trial - Appeal, [2021] QCA 10, 02 Feb 2021 - Editor's NoteStatutes - Acts of Parliament, [2021] QCA 8, 29 Jan 2021 - Editor's NoteProcedure - Civil Proceedings in State and Territory Courts, [2021] QCA 1, 19 Jan 2021 - Editor's NoteCriminal Law - Appeal and New Trial, [2020] QCA 220, 12 Oct 2020Catchwords not supplied, [2020] QCA 170, 18 Aug 2020Criminal Law - Appeal and New Trial, [2020] QCA 89, 01 May 2020Appeal and New Trial – Appeal – General Principles, [2019] QCA 297, 17 Dec 2019Limitation of Actions – General Matters, [2019] QCA 184, 10 Sep 2019Appeal and New Trial - Appeal - General Principles, [2019] QCA 77, 07 May 2019Private International Law - Restraint of Proceedings, [2021] QCA 33, 05 Mar 2021Criminal Law - Appeal and New Trial, [2021] QCA 34, 05 Mar 2021Criminal Law – Appeal and New Trial, [2021] QCA 35, 05 Mar 2021Criminal Law – Appeal and New Trial, [2021] QCA 36, 05 Mar 2021Appeal and New Trial - Appeal General Principles, [2021] QCA 37, 05 Mar 2021Contracts - General Contractual Principles, [2021] QCA 38, 05 Mar 2021Criminal Law - Sentence, [2021] QSC 38, 04 Mar 2021Administrative Law - Judicial Review, [2021] QSC 39, 05 Mar 2021Contracts - Building, Engineering and Related Contracts, [2021] QDC 31, 03 Mar 2021General Contractual Principles - Construction and Interpretation of Contracts, [2021] QDC 37, 05 Mar 2021Procedure - Civil Proceedings in State and Territory Courts, [2021] QCA 30, 02 Mar 2021Administrative Law – Judicial Review, [2021] QCA 29, 02 Mar 2021Criminal Law - Appeal and New Trial, [2021] QCA 31, 02 Mar 2021Appeal and New Trial - Procedure, [2021] QSC 31, 04 Mar 2021Catchwords not supplied, [2021] QSC 36, 03 Mar 2021Administrative Law - Judicial Review, [2021] QSC 33, 16 Feb 2021Courts and Judges – Courts, [2021] QSC 26, 15 Feb 2021Criminal Law - Sentence, [2019] QSCPR 5, 07 Aug 2019Criminal Law - Evidence, [2019] QSCPR 3, 09 Apr 2019Criminal Law - Evidence, [2021] QSC 34, 26 Feb 2021Criminal Law - Sentence, [2021] QDC 36, 05 Mar 2021Procedure - Civil Proceedings in State and Territory Courts, [2021] QDC 32, 05 Mar 2021Procedure - Civil Proceedings in State and Territory Courts.
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