- Climate Litigation Database
- /
- Search
- /
- Australia
- /
- Kennedy (on behalf of Sandon Point Aboriginal Tent Embassy) v. Minister for Planning
Kennedy (on behalf of Sandon Point Aboriginal Tent Embassy) v. Minister for Planning
About this case
Filing year
2010
Status
Denied
Geography
🇦🇺 Australia → New South Wales
Court/admin entity
Australia → New South Wales → Land and Environment Court
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Climate adaptation (Global)
Principal law
Australia → Environmental Planning and Assessment Act 1979 (NSW)
Topics
, ,
Documents
Each case in our database can contain one or more documents.
Filing Date
Document
Type
Topics
07/29/2010
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.
Decision
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.
Topics mentioned most in this case
See how often Topics get mentioned in this case and view specific passages of text highlighted in each document.
Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Fossil fuel
Economic sector
Finance