Minister for the Environment and Heritage v Queensland Conservation Council Inc [2004] FCAFC 190

FEDERAL COURT OF AUSTRALIA

Minister for the Environment and Heritage v Queensland Conservation Council Inc [2004] FCAFC 190 ADMINISTRATIVE LAW – judicial review – whether the Minister failed to take into account relevant considerations – whether the decision involved an error of law

STATUTORY INTERPRETATION – ordinary English meaning clear in context of Act – unnecessary in circumstances of case to consider other intrinsic or extrinsic aids to interpretation or approaches to interpreting environmental legislation in other jurisdictions Environment Protection and Biodiversity Conservation Act 1999 (Cth) Pt 3, ss 75, 391, 523 and 524A Environment Protection (Impact of Proposals) Act 1974 (Cth) Environmental Planning and Assessment Act 1979 (NSW) Water Act 2000 (Qld)

MINISTER FOR THE ENVIRONMENT AND HERITAGE v QUEENSLAND CONSERVATION COUNCIL INC and WORLD WIDE FUND FOR NATURE (AUSTRALIA) ACN 001 594 074

Q17 of 2004

BLACK CJ, RYAN and FINN JJ

30 JULY 2004

SYDNEY (heard in BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q17 of 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR THE ENVIRONMENT AND HERITAGE

Appellant

AND: QUEENSLAND CONSERVATION COUNCIL INC

First Respondent

WORLD WIDE FUND FOR NATURE (AUSTRALIA) ACN 001 594 074

Second Respondent

JUDGES: BLACK CJ, RYAN and FINN JJ

DATE OF ORDER: 30 JULY 2004

WHERE MADE: SYDNEY (heard in BRISBANE)

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q17 of 2004