Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCAFC 59 Citation: Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCAFC 59
Appeal from: Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCA 113
Parties: BAT ADVOCACY NSW INC v MINISTER FOR ENVIRONMENT PROTECTION, HERITAGE AND THE ARTS and ROYAL BOTANIC GARDENS AND DOMAIN TRUST
File number(s): NSD 262 of 2011
Judges: EMMETT, mCKERRACHER AND FOSTER JJ
Date of judgment: 6 May 2011
Catchwords: ADMINISTRATIVE LAW – whether the decision-maker failed to take into account mandatory relevant considerations when dealing with a controlled action under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether the 'Draft Recovery Plan' was a mandatory relevant consideration – whether the Minister took into account the impact of the removal from a critical habitat on the 'species' as a whole – consideration of requirement that the decision-maker engage in an active intellectual process when considering mandatory relevant matters – it is for the decision-maker to determine the weight to be given to matters – conditions imposed demonstrated that the matters had been taken into account – appeal dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 18, 19, 34, 68, 75, 87, 97, 98, 99, 100, 130, 133, 136, 139, 269A, 270
Cases cited: ARM Constructions Pty Ltd v Commissioner of Taxation (1986) 10 FCR 197 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v Khadgi (2010) 274 ALR 438 Minister for Immigration and Ethnic Affairs v Taveli (1990) 23 FCR 162 Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 Our Town FM Pty Ltd v Australian Broadcasting Tribunal (1987) 16 FCR 465 Tickner v Chapman (1995) 57 FCR 451
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