No, it’s not. The referendum of 1988 confirmed that. Therefore, the Local Government Act 1993 (NSW) and similar which are state Acts are inconsistent with Commonwealth Law, rendering them void where inconsistent.
The High Court must not look beyond the Constitution as it has no jurisdiction to do so. So it upholding any Local Government claim to authority is an issue in itself.
Mind you, the so-called ‘Honorable Justices’ of that bench are trying to uphold Sue v Hill against Sen. Roberts currently, which only causes a monumental problem for the whole Commonwealth.
If s44(1) stands as in Sue v Hill by this current case against Sen. Roberts, when considering s7 of the Nationality and Citizenship Act 1948 and it’s preceeding Acts, means not one Act by Parliament since Federation is worth the paper it’s written on.
Assuming you’re right and Local Law is Law, Local Governments claimed ownership over the water in rivers and estuaries (up until privatisation started in 2014), making them liable for damage by flood, especially where Local Government has allowed or approved Dams or Flood Levy walls etc.
A Court such as the High Court making a decision can have the affect of creating Common Law by upholding a councils decision (this is called a precedent), but that does not make Council ‘Regulations’ or ‘By-Laws’ Law.
I’m not debating with you as to whether or not it’s worthwhile just doing things thoroughly...however, the claim that local government has the authority to create law is not backed by any legitimate Statute. In England, yes. New Zealand, I have no idea. Australia, most definately not.
I had the same argument (with respect to local government authority to make law, not airstrips in particular) when I had a business designing and building container homes. And not one council was successful.
An airstrip, if for private coming and going, and as long as it’s not ‘sealed’ is not a fixture to the property. If worried about the hanger/machinery shed issue, put 2 x 40ft container parallel with a roof between. Not a fixture, doesn’t require approval either.
I’m not a lawyer and I’m not giving advice, but as a Law student (currently writing a thesis on Constitutional Law) I will stand by my opinion. So much so that I’m in the process of finding approx 150+ acres of which I will be putting in an airstrip, and a hanger. Just to put my money where my mouth is.
I’ll be sure to keep you posted.
Note: Apologies if the tone of my writing comes across abrupt and arrogant. Though not my intention it’s something I’m often accused of. So please take no offense.