Federal Court of Australia
AA bill 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, 9 and 10~ without glving 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.
PEKO-WALLSEND LIMITED & ORS. (Applicants), THE HONOURABLE BARRY COHEN, MINISTER FOR APTS, HERITAGE AND ENVIRONMENT (First respondent), THE HONOURABLE LIONEL F. BOWEN, ATTORNEY-GENERAL OF THE COMMONWEALTE OF AUSTRALIA (Second respondent) AND THE COMMONWEALTH OF AUSTRALIA (Third respondent). ~~
No. NTG 9 of 1986
Beaumont J. Sydney 22 December 1986
"
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY) No. NTG 9 of 1986 ) )
GENERAL DIVISION
Judge making order: Date order made:
Where made:
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 ENVIRTONMENT
First respondent
THE HONOURABLE LIONEL F. BOWEN, ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
Second respondent
THE COMMONWEALTH OF AUSTRALIA
Third respondent
MINUTES OF ORDER
THE COURT ORDERS THAT:
i.
Note:
Sydney
Beaumont, J.
22 December 1986
Declare that the decision of the Executive made on 16 September 1986 to nominate Stage 2 of Kakadu National Park for inclusion on the World Heritage
List. 1s void.
Order that the respondents pay the applicants'
costs.
Settlement and entry
of orders 1s dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NORTHERN TERRITORY DISTRICT REGISTRY) No. NTG 9 of 1986 ) )
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