Federal Court of Australia
"S43
CATCHWORDS
Administrative Law (Natural Justice) - Mining companies holding mining rights in part of Kakadu National Park - decision by Executive to submit Stage 2 of park for listing pursuant to World
Heritage Properties Conservation Act 1983, ss.3, 6, 7, 8 and 10 without giving applicants opportunity to be heard. Administrative Law (Jurisdiction) - whether judicial review
available in respect of a decision made under a statute but in
the context of an international convention.
Injunctions - Interim injunction ~ test to be applied.
PEKO-WALLSEND LIMITED & ORS. (Applicants), THE HONOURABLE BARRY COHEN, MINISTER FOR ARTS, HERITAGE AND ENVIRONMENT (First
respondent), THE HONOURABLE LIONEL F. BOWEN, ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA (Second respondent) AND THE
COMMONWEALTH OF AUSTRALIA (Third respondent).
No. NTG 9 of 1986
Beaumont J. Sydney
26 November 1986
RECT Itty 26 NOV 1986
FEDERAL COUR T AUSTRALIA OF
PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
) ) NORTHERN TERRITORY DISTRICT REGISTRY) No. NTG 9 of 1986 ) )
GENERAL DIVISION
BETWEEN: PEKO-WALLSEND LIMITED PEKO EXPLORATION LIMITED PEKO-WALLSEND OPERATIONS LIMITED ELECTROLYTIC ZINC CO. OF AUSTRALASIA
LIMITED
Applicants
THE HONOURABLE BARRY COHEN MINISTER FOR ARTS, HERITAGE AND ENVIRONMENT
ig
First respondent
THE HONOURABLE LIONEL F. BOWEN, ATTORNEY-GENERAL OF THE COMMONWEALTH
OF AUSTRALIA
E
Second respondent
THE COMMONWEALTH OF AUSTRALIA
Third respondent
Judge making orders: Beaumont J. Date orders made : 24 November 1986
Where made : Sydney
SHORT MINUTES OF ORDERS
Upon the applicants giving the usual undertaking as
to damages:
l. Order that the respondents forthwith inform the
World Heritage Committee ("the Committee") referred
to in the World Heritage Properties Conservation
Act 1983 ("the Act"), 1n respect of the application on behalf of the Commonwealth of Australia that the area of approximately 7,000 square kms. known as the Stage II extension of the Kakadu National Park
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