New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 118AG

118AG Protection for exercise of certain functions by Minister

(1) This section applies to any function (a "protected function") conferred or imposed on the Minister (including a delegate of the Minister) relating to the appointment of a planning administrator or planning assessment panel, or the conferral of functions on a regional panel, under this Division.

(2) The exercise by the Minister of any protected function may not be:

(a) challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or

(b) restrained, removed or otherwise affected by any proceedings.

(3) Without limiting subsection (2), that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by the Minister (including a delegate of the Minister), with the provisions of this Division or the rules of natural justice (procedural fairness).

(4) Accordingly, no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by the Minister (including a delegate of the Minister), with those provisions or with those rules so far as they apply to the exercise of any protected function.

(5) This section has effect despite any provision of this Act or other legislation or any other law (whether written or unwritten).

(6) In this section:
"exercise" of functions includes:

(a) the purported exercise of functions, and

(b) the non-exercise or improper exercise of functions, and

(c) the proposed, apprehended or threatened exercise of functions.

"proceedings" includes:

(a) proceedings for an order under section 124, and

(b) proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and

(c) without limiting paragraph (b), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970 .