The applicant sought a statutory order of review regarding an ‘additional purpose’ approval to a grazing lease (where the ‘additional purpose’ approved was for low key tourism) under the Land Act 1994 (Qld). The relevant question was whether or not the ‘low key tourism’ both does not interfere with and is complementary to the grazing purpose.
In this case, Justice Henry found that the threshold jurisdictional fact required before the discretion to approve the application arose, never existed.
Roger Traves QC and Nicholas Andreatidis appeared for the successful applicant. Matthew Hickey appeared for the first, second and third respondents.
The judgment can be read by clicking here