Key Points:
If you have a statutory obligation "to
consider" a matter then you must actually fulfil this
duty.
The Queensland Supreme Court recently considered whether a
constructing authority had given "due consideration" to
an objection for the taking of land.
The Court also considered the purpose of headings in Schedule 1
to the Acquisition of Land Act 1967 (ALA), whether
the purpose in the notice of intention to resume (NIR) was too
vague, and whether the purpose in the NIR could be read in
conjunction with the attached Background Information Document.
Lipovsek v Brisbane City Council [2013] QSC 185 involved a
challenge under section 20 of the Judicial Review Act 1991 after
the Brisbane City Council applied to the Minister under section 9
of the ALA to take land for "environmental purposes". The
applicant had lodged an objection to the NIR. Council decided to
continue with the acquisition despite the objection.
