Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Incorporated [2016] FCAFC 129

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Incorporated [2016] FCAFC 129 Appeal from: Tasmanian Aboriginal Centre Incorporated v Secretary, Department of Primary Industries, Parks, Water and Environment (No 2) [2016] FCA 168

File number: TAD 9 of 2016

Judges: ALLSOP CJ, GRIFFITHS AND MOSHINSKY JJ

Date of judgment: 16 September 2016

Catchwords: ENVIRONMENT LAW – National Heritage places – Western Tasmania Aboriginal Cultural Landscape – Ministerial decision to include area in National Heritage List – proposal by Tasmanian Government to open three tracks in area to recreational vehicles – whether proposed designation of area and attaching of conditions under Tasmanian regulations would constitute a governmental authorisation within s 524(2) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether project to open the three tracks constituted "action" – proper construction of expression "National Heritage values"

Legislation: Acts Interpretation Act 1901 (Cth), ss 15AB, 46(1)(a) Crown Lands Act 1976 (Tas) Environment and Heritage Legislation Amendment Act (No 1) 2003 (Cth) Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 3(1), 15B, 15C, 67, 67A, 68, 69, 70, 72(3), 75, 133(1), 134(1), 137A, 324C, 324D, 324JJ, 324P, 324Q, 324Y, 475, 523, 524, 527E, 528 Environment Protection and Biodiversity Conservation Regulations 2000 (Cth), reg 10.01A National Parks and Reserved Land Regulations 2009 (Tas), regs 18, 33 National Parks and Reserves Management Act 2002 (Tas) National Parks and Wildlife Act 1970 (Tas) Nature Conservation Act 2002 (Tas)