NSW Government Bulletin - 2 March 2016

A recent decision of the NSW Court of Appeal (Court) in Elachi v Council of the City of Shoalhaven [2016] NSWCA 16, highlights the importance of clear drafting for legislative drafters, particularly when considering the interrelationship between legislative instruments and sets out some key principles of statutory interpretation.

The case sets out a number of important statutory interpretation principles, including the following: 

1. when dealing with inconsistency, regard should be given to the institutional setting in which the conflict arises, with a proper understanding of the functions of separate institutions and the relationship between them;
2. the Environmental Planning and Assessment Act 1979 (EP&A Act) sets out a clear hierarchy of plans which must be taken into account when considering the inconsistency of provisions; and