Tasmanian Conservation Trust Inc v Minister for Resources & Anor [1995] FCA 2

CATCHWORDS ADMINISTRATIVE LAW - judicial review - decision to grant licence to export woodchips - whether compliance with Administrative Procedures under Environment Protection (Impact of Proposals) Act 1974 - "proposed action" - whether determination of what is a proposed action is a question of jurisdictional fact - "initiative" - error of law - failure to consider relevant considerations in determining environmental impact - failure to exercise obligation to appoint proponent. ADMINISTRATIVE LAW - judicial review - "decision" - "conduct" -whether an "in-principle" decision is reviewable under Administrative Decisions (Judicial Review) Act 1977. ADMINISTRATIVE LAW - whether an "in-principle" decision can be challenged under s 39B(1) of the Judiciary Act 1903. ADMINISTRATIVE LAW - standing - whether environmental group is a "person aggrieved" under Administrative Decisions (Judicial Review) Act 1977. Administrative Decisions (Judicial Review) Act 1977 s 5, s 6. Environmental Protection (Impact of Proposals) Act 1974 s 5. Judiciary Act 1903, s 39B. Environment Protection (Impact of Proposals) Administrative Procedures para 1.1, para 1.2.1. Attorney-General for New South Wales v Quin (1990) 170 CLR 1 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian Postal Corporation v Botany Municipal Council (1989) 69 LGRA 86 Minister for Immigration and Ethnic Affairs v Naumovska (1983) 88 ALR 589. North Coast Environment Council Incorporated v Minister for Resources 16 December 1994, unreported, Sackville J. TASMANIAN CONSERVATION TRUST INC v MINISTER FOR RESOURCES & ANOR No. NG 536 of 1994 Sackville J. 10 January, 1995 Sydney.

FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 536 of 1994 GENERAL DIVISION ) BETWEEN: TASMANIAN CONSERVATION TRUST INC. Applicant AND: MINISTER FOR RESOURCES First Respondent AND: GUNNS LTD Second Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 10 JANUARY, 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The decision of the first respondent made on or about 10 June 1994 to grant a licence to the second respondent to export woodchips during the period from 10 June 1994 to 31 December 1994 be set aside. 2. The first and second respondents each pay one quarter of the applicant's costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.