City of Botany Bay Council v Minister for Transport & Regional Development [1999] FCA 1495

FEDERAL COURT OF AUSTRALIA

City of Botany Bay Council v Minister for Transport and Regional Development [1999] FCA ­­­1495

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 environmental report was required – environmental effect of noise – whether constructive failure on the part of the Minister to perform his duty to take into account a particular matter – whether decision by Minister was one to which no reasonable person could have come – environmental assessment action under para 3.1.2(b) of the Administrative Procedures – whether Minister took into account an irrelevant consideration.

ADMINISTRATIVE LAW – judicial review – operating plan for Sydney airport – decision by Minister under Air Services Act 1995 (Cth) to implement airport plan – whether Minister's decision one to which no reasonable person could have come. Air Services Act 1995 (Cth) Environment Protection (Impact of Proposals) Act 1974 (Cth) Administrative Procedures Sinclair v Maryborough Mining Warden (1975) 132 CLR 473 referred to

CITY OF BOTANY BAY COUNCIL V MINISTER FOR TRANSPORT AND REGIONAL DEVELOPMENT & ORS NG 1268 OF 1998 BLACK CJ, LEE AND WEINBERG JJ

4 NOVEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES REGISTRY NG 1268 OF 1998

ON APPEAL FROM A JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: CITY OF BOTANY BAY COUNCIL

Applicant

AND: MINISTER FOR TRANSPORT AND REGIONAL DEVELOPMENT

First Respondent

MINISTER FOR THE ENVIRONMENT

Second Respondent

AIRSERVICES AUSTRALIA

Third Respondent

JUDGES: BLACK CJ, LEE AND WEINBERG JJ