Case Note - Millers Point Community Assoc Inc v Property NSW [2017] NSWLEC 92: The Sirius Building Case.

The July 2017 decision by the NSW Land and Environment Court in Millers Point Community Assoc Inc v Property NSW concerns a challenge by a community group advocating for heritage and social housing within Millers Point, New South Wales, to the 2016 decision by the NSW Minister for Heritage to decline to list the social housing apartment building known as the Sirius Building on the NSW State Heritage Register, a register established under s 31 of the Heritage Act 1977 (NSW). This is an uncommon example of a heritage listing decision being litigated, and provides a number of important judicial insights into the heritage listing process in New South Wales. The case considers several matters which have never been previously tested before the courts in this context. These include the consideration of "undue financial hardship"and the duties of the Minister when deciding on a heritage listing. [ABSTRACT FROM AUTHOR]