SARA_Information response

Interpretation of “consistent”

“Consistent” for the purposes of the PR is not defined and there has not
been judicial consideration of “consistent” in this particular context. It
follows, consistent with the established canons of statutory
constructions, that the word is to take its plain and ordinary meaning.°®

The ordinary meaning of the word “consistent” is:

6. agreeing or accordant; compatible; not self-opposed or self-
contradictory;

7. constantly adhering to the same principles, course et.°®

In addition to the above, we note that “consistent” has been judicially
considered for the purposes of other Queensland and interstate planning
contexts.

In Lake Maroona Pty Ltd v Gladstone Regional Council,’ Bowskill DCJ
considered the meaning of “consistency” for the purposes of s 388(1)(a)
of the Sustainable Planning Act 2009 (Qld). In that decision, the Court
considered several similar cases from New South Wales that had
interpreted the meaning of “consistent” for the purposes of planning
legislation. Her Honour preferred the view expressed in Gillespies v
Warringah Council.® In that case, Bignold J held that “consistent” had its
ordinary and natural meaning as defined in the Macquarie Dictionary. His
Honour held that the Macquarie Dictionary meaning of “compatible” as
“capable of existing in harmony" was applicable to the interpretation of
“consistent” in the context of the Warringah Local Environment Plan
2000.°

In Friends of Malua Bay Inc v Perkins'® Craig J adopted the approach
taken in Gillespies holding that it was appropriate to regard “consistent”
as being synonymous with “compatible”. Considered in both Gillespies
and Malua Bay was the primary judgment of Clarke JA in Coffs Harbour
Environment Centre Inc v Coffs Harbour City Council and Another''. \|n
that case the meaning of consistent was narrowed to “development not
antipathetic”. However, that approach was disavowed in both Gillespies
and Malua Bay.

5Project Blue Sky Inc v Australian Broadcasting Authority [1998] 194 CLR 355.
®Macquarie Dictionary (7" ed, 2017) ‘consistent’.

712017] QPEC 25 (‘Lake Maroona’).

®(2002) 124 LGERA 147 (’Gillespies').

Sel 12(3)(b).

'0(2014) 203 LGERA 14 (‘Malua Bay’).

(1991) 74 LGRA 185.

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