Australian Conservation Foundation & Ors v. Forestry Commission & Ors [1988] FCA 41

. JUDGMENT No. 41 / 6.

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CATCHWORDS

Lemonthyme and Southern Forests (Commission of Inguiry) Act 1987 - Interim report - Review under Administrative Decisions (Judicial Review) Act 1977 - Locus standi of environmental bodies which appeared in the Inquiry to seek review - Whether the interim report involved the making of a decision of an administrative character - Whether it should be inferred from silence about a particular consideration that it was not taken into account - Whether irrelevant factors taken into account or

relevant factors omitted - Whether an irrelevant factor (though discussed) played no part in the decision - Whether consideration of irrelevant factor was "insignificant" - Nature of questions

relating to the "natural heritage" under the Convention for the Protection of the World Cultural and Natural Heritage scheduled

to the World Heritage Properties Conservation Act 1983 - Nature of "qualifying areas" under the Lemonthyme and Southern Forests

(Commission of Inguiry) Act 1987.

Lemonthyme and Southern Forests (Commission of Inquiry) Act 1987, ss. 3, 4, 8.

World Heritage Properties Conservation Act 1983, Schedule Article Administrative Decisions (Judicial Review) Act 1977, ss. 3, 5.

AUSTRALIAN CONSERVATION FOUNDATION & ORS. -V- FORESTRY COMMISSION & ORS.

No. TG 14 of 1987

Burchett J. Hobart 19 February 1982

od

IN_THE FEDERAL COURT OF AUSTRALIA TASMANIA DISTRICT REGISTRY GENERAL DIVISION

No. TG 14 of 1987

BETWEEN :

AUSTRALIAN CONSERVATION FOUNDATION, THE WILDERNESS SOCIETY INC. and TASMANIAN CONSERVATION TRUST INC.

Applicants

FORESTRY COMMISSION

First Respondent

MICHAEL MANTFOLD HELSHAM, ROBERT HENRY WALLACE, PETER PHILLIP HITCHCOCK

Second Respondent

COMMONWEALTH OF AUSTRALIA Third Respondent

MINUTE OF ORDER OF THE COURT

Judge Making Order: Burchett J. Where Made: Hobart Date of Order: 19 February 1988