Margarula v Minister for Environment [1999] FCA 730

FEDERAL COURT OF AUSTRALIA

Margarula v Minister For Environment [1999] FCA 730

ADMINISTRATIVE LAW – Judicial Review – Proposal to mine and export uranium ore – Decision of Environment Minister not to direct an inquiry into environmental aspects of proposal – Conduct of Environment Minister in accepting further information relating to aspects of proposal – Conduct of Environment Minister in requesting independent review of aspects of proposal – Decision of Environment Minister to advise Resources Minister that proposal could proceed with no significant threat to environment provided certain recommendations complied with – Resources Minister's decision to accept Environment Minister's advice and recommendations – Whether decisions reviewable – Whether final or operative or determinative – Whether substantive – Whether conduct reviewable – Whether "conduct for the purpose of making a decision" – Whether reviewable conduct must be that of decision‑maker – Whether in order for recommendation to be a reviewable decision it must be a "condition precedent" to making of decision. Administrative Decisions (Judicial Review) Act 1977, ss 3, 5, 6 Environment Protection (Impact of Proposals) Act 1974 ss 8, 11 Customs (Prohibited Exports) Regulations, reg 11 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Salerno v National Crime Authority (1997) 75 FCR 133 cited Hutchins v Commissioner of Taxation (1996) 65 FCR 269 cited Knuckey v Federal Commissioner of Taxation (1997) 97 ATC 4911 cited Schokker v Commissioner of Taxation (1998) 82 FCR 113 cited Australian Securities Commission v Deloitte Touche Tohmatsu (1996) 70 FCR 93 cited Tasmanian Conservation Trust Inc v Minister for Resources (1995) 55 FCR 516 cited Randwick City Municipal Council v Minister for the Environment [1998] FCA 1376 considered Minister for Immigration v Ozmanian (1996) 71 FCR 1 cited Aboriginal Land Council v Aboriginal and Torres Strait Island Commission (1995) 59 FCR 369 applied Century Metals and Mining NL v Yeomans (1988) 85 ALR 29 considered Chan v Minister for Immigration (1989) 169 CLR 381 distinguished Minister for Aboriginal Affairs v Peko‑Wallsend Ltd (1986) 162 CLR 24 cited Merman v Comptroller‑General of Customs (1988) 16 ALD 88 considered Carltona Ltd v Commissioner of Works [1943] 2 All E R 560 cited Botany Bay City Council v Minister for Transport (unreported, 30 November 1998) considered Ross v Costigan (1982) 41 ALR 319 applied Edelsten v Health Insurance Commission (1990) 27 FCR 56 applied Steiner v Attorney‑General (Cth) (1983) 52 ALR 148 cited Tasmanian Conservation Trust Inc v Minister for Resources (1995) 59 FCR 369