Randwick City Council v Minister for the Environment [1999] FCA 1494

FEDERAL COURT OF AUSTRALIA

Randwick City Council v Minister for the Environment [1999] FCA 1494 ADMINISTRATIVE LAW – judicial review – operating plan for Sydney airport – decision by Minister under Environment Protection (Impact of Proposals) Act 1974 (Cth) that neither an environmental impact statement nor a public environment report was required – status of 'Administrative Procedures' approved under legislation – whether having characteristics of delegated legislation or quasi-delegated legislation – whether imposing statutory or quasi-statutory duty – whether Minister for the Environment required to take into account all feasible and prudent alternatives – whether requirement upon proponent to supply the Minister for the Environment designated information 'to the extent appropriate in the circumstances' refers to objective or jurisdictional fact.

Air Services Act 1995 (Cth) Environment Protection (Impact of Proposals) Act 1974 (Cth) Federal Court Rules O 10 r 1(2)(j)

Botany Bay City Council v Minister of State for Transport and Regional Development (1996) 66 FCR 537 at 539-541 referred to Australian Conservation Foundation Inc v The Commonwealth (1980) 146 CLR 493, 496-512, 524, 525, 541, 544-7 and 556 referred to Australian Conservation Foundation v Minister for Resources (1989) 76 LGRA 200 at 204 referred to Tasmanian Conservation Trust Inc v Minister for Resources (1995) 55 FCR 516 at 537-9 referred to Australian Postal Corporation v Botany Municipal Council (1989) 69 LGRA 86 at 93 referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 at 386ff referred to RANDWICK CITY COUNCIL & ANOR v MINISTER FOR THE ENVIRONMENT & ANOR NG 1281 of 1998

BLACK CJ, LEE and WEINBERG JJ 4 NOVEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1281 OF 1998