Parker v Minister for Sustainability, Environment, Water, Population and Communities [2012] FCAFC 94

FEDERAL COURT OF AUSTRALIA

Parker v Minister for Sustainability, Environment, Water, Population and Communities [2012] FCAFC 94 Citation: Parker v Minister for Sustainability, Environment, Water, Population and Communities [2012] FCAFC 94

Appeal from: Parker v Minister for Sustainability, Environment, Water, Population and Communities [2011] FCA 1325

Parties: GLENN PARKER, CARLY PARKER, GARRY LOPATTA and CLAY HUNTER v MINISTER FOR SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES

File number: VID 1428 of 2011

Judges: JACOBSON, BENNETT AND COWDROY JJ

Date of judgment: 29 JUNE 2012

Catchwords: ENVIRONMENT LAW – amendment made to live import list by legislative instrument made by Minister – whether an environmental assessment report was required – meaning of "including an item in the list" – whether the legislative instrument was invalid for unreasonableness STATUTORY INTERPRETATION – status of a Note in a legislative instrument

Legislation: Acts Interpretation Act 2003 (Cth) Acts Interpretation Amendment Act 2011 (Cth) Environment Protection and Biodiversity Conservation Act 1999 (Cth), Part 13A Legislative Instruments Act 2003 (Cth), s 13 Wildlife Protection (Regulation of Exports and Imports) Act 1982 (Cth)

Cases cited: Brown v West (1990) 169 CLR 195 Clements v Bull (1953) 88 CLR 572 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 Minister for Primary Industries and Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381 Minister of State for Resources v Dover Fisheries Pty Ltd (1993) 43 FCR 565 R v Bevan; Ex parte Elias & Gordon (1942) 66 CLR 452