The applicant wished to develop a commercial sand extraction plant, wet screening and wash plant operation on a site at Forest Glen. A report to the Geological Survey of Queensland was provided on behalf of the applicant, a division of the Department of Natural Resources and Mines, supporting the inclusion of part of the site as a Key Resource Area in the State Planning Policy. In this application for a statutory order of review the respondent Minister applied for the dismissal of the application pursuant to s 48 of the Judicial Review Act 1991 (Qld) because the decision is said not to be one to which the Act applies.
Scott McLeod QC appeared for the applicant, instructed by Mullins Lawyers.
John Ware (with J M Horton QC) appeared for the respondent, instructed by Crown Law.
The judgment is available here.