Friends of Hinchinbrook Society Inc v The Minister for the Environment & Ors [1997] FCA 789

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW ) - judicial review of consents under ss 9 and 10 of the ENVIRONMENTAL LAW ) World Heritage Properties Conservation Act 1983 - meaning of s 13(1) - meaning of "presentation" in the Convention for the Protection of the World Cultural and Natural Heritage - effect of "have regard only to" in s 13(1) - nature of the Minister's discretion - whether, in acting on the basis that measures would be taken by the State government, the Minister improperly delegated his discretion - whether the Minister had power to impose conditions on his consent, and if so, whether in the circumstances he erred in law by giving his consent unconditionally, assuming he did not have power to impose conditions - discussion of appropriate costs order where body set up to advocate an environmental cause brings proceedings that fail. WORDS AND PHRASES - "presentation", "shall have regard only to" World Heritage Properties Conservation Act 1983, ss 3, 3A, 6, 9, 10, 13, Sched Convention for the Protection of the World Cultural and Natural Heritage, articles 1, 2, 4, 5, 24, 26, 27, 30 The Commonwealth of Australia v The State of Tasmania (The Tasmanian Dam Case) (1983) 158 CLR 1 Conditions of Admission of a State to Membership in the United Nations [1948] ICJR 56 Minister for Immigration and Ethnic Affairs v Baker (1997) 45 ALD 136 Puhlhofer v Hillingdon London Borough Council [1986] AC 484 Richardson v The Forestry Commission (1988) 164 CLR 261 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Arnold (on behalf of Australians for Animals) v Queensland (1987) 73 ALR 607 Conway v Repatriation Commission (1988) 16 ALD 770 Cavell v Repatriation Commission (1988) 9 AAR 534 BTR Plc v Westinghouse Brake and Signal Company (Australia) Ltd (1992) 34 FCR 246 Richmond River Council v Oshlack (1996) 39 NSWLR 622 Australian Conservation Foundation v Forestry Commission (1988) 19 FCR 127 Giris Pty Ltd v Federal Commissioner of Taxation (1969) 119 CLR 365 Parramatta City Council v Hayle (1982) 47 LGRA 319 (NSWCA) Jungar Holdings v Eurobodalla Shire Council (1989) 70 LGRA 79 King v Great Lakes Shire Council (1986) 58 LGRA 366 Pioneer Concrete (Queensland) Pty Ltd v Brisbane City Council (1980) 145 CLR 485 Re Duncan [1892] 1 QB 879 The Country Roads Board v Neale Ads Proprietary Ltd (1930) 43 CLR 126 Foley v Padley (1983) 154 CLR 349 Rockdale Municipal Council v Balazsi (1988) 66 LGRA 194 Qantas Airways Limited v Cameron [1996] ATPR 41-530 FRIENDS OF HINCHINBROOK SOCIETY INC v THE MINISTER FOR THE ENVIRONMENT & ORS NG 164 of 1997 Northrop, Burchett and Hill JJ Sydney 6 August 1997