Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Incorporated (No 2) [2016] FCAFC 137

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Incorporated (No 2) [2016] FCAFC 137 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: 12 October 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 – form of orders to give effect to reasons for judgment – questions stated by the parties at the invitation of the Court and answered in accordance with reasons for judgment COSTS – the Court's discretion as to costs – applicable principles – where appellant and respondent each enjoyed a significant measure of success PRACTICE AND PROCEDURE – costs – costs of respondent on appeal – application by respondent for costs certificate in respect of appeal costs – whether the Court should exercise discretion to grant such a certificate

Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 68, 523, 524 Federal Court of Australia Act 1976 (Cth), s 43 Federal Proceedings (Costs) Act 1981 (Cth), ss 3, 6, 14 Federal Proceedings (Costs) Regulations 1991 (Cth), reg 4 National Parks and Reserved Land Regulations 2009 (Tas), regs 18, 33