Judgment
National Conservation Council v Central Planning Authority and Cayman Property Investments Ltd - Judgment
[2022] CIGC (Civil) 207
· G 0207/2021 · 2022-08-23
National Conservation Act ss.3 and 41; Interpretation of “guidance notes”, “directives”, and “direct”; Lawfulness of NCC Guidance; Mandatory obligation under s.41(4) to apply for NCC approval; CPA acted unlawfully by failing to apply; Decision quashed; Delegation of NCC powers under s.3(13) to Director lawful; Environmental governance principles
Full metadata
| Neutral Citation | [2022] CIGC (Civil) 207 |
|---|---|
| Cause Number | G 0207/2021 |
| Court | CIGC (Civ) |
| Judge | Walters J |
| Parties | National Conservation Council v Central Planning Authority and Cayman Property Investments Ltd - Judgment |
| Judgment Date | 2022-08-23 |
| Subject | National Conservation Act ss.3 and 41; Interpretation of “guidance notes”, “directives”, and “direct”; Lawfulness of NCC Guidance; Mandatory obligation under s.41(4) to apply for NCC approval; CPA acted unlawfully by failing to apply; Decision quashed; Delegation of NCC powers under s.3(13) to Director lawful; Environmental governance principles |
| Filename (current) | 22-08-23-National-Conservation-Council-v-Central-Planning-Authority.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| National Conservation Act | 3, 41, 41(5) | 5 |
| Interpretation Act | 12(1), 12(3), 3(2), 5 | 4 |
| Development and Planning Act | 7 | 3 |
| Public Authorities Act | 9(6) | 3 |
| Development and Planning Regulations (subordinate) | 8(10)(b) | 2 |
| The Cayman Islands Constitution Order 2009 (UKSI 1379:2009) (constitution) | — | 2 |
| Grand Court Act | 11 | 1 |
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