Williams v Minister for the Environment and Heritage [2003] FCA 535

FEDERAL COURT OF AUSTRALIA

Williams v Minister for the Environment and Heritage [2003] FCA 535

ADMINISTRATIVE LAW – Decision of Minister refusing application for interim protection declaration under Aboriginal and Torres Strait Islander Heritage Protection Act – Application related to area of proposed mining lease being part of a lakeshore – Material indicating significance of the lake itself and also of archaeological relics in the subject land – Decision concentrated attention on the wider area rather than the proposed mining area – Whether Minister failed to take into account a relevant consideration – Whether decision was unreasonable – Minister's decision set aside – Whether Court should make an interim order restricting on-site work pending reconsideration by Minister. Aboriginal and Torres Strait Islander Heritage Protection Act 1984 ss 3, 9, 11, 22 Administrative Decisions (Judicial Review) Act 1977 ss 5, 13, 16 NEVILLE WILLIAMS v MINISTER FOR ENVIRONMENT AND HERITAGE, BARRICK AUSTRALIA LIMITED N 192 of 2003 WILCOX J 30 MAY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 192 of 2003

BETWEEN: NEVILLE WILLIAMS

APPLICANT

AND: MINISTER FOR THE ENVIRONMENT AND HERITAGE

FIRST RESPONDENT

BARRICK AUSTRALIA LIMITED

SECOND RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 30 MAY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. It be declared that the decision of the first respondent, the Minister for the Environment and Heritage ("the Minister"), dated 9 December 2002 to refuse to make a declaration pursuant to s 9 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 is invalid. 2. The said decision be set aside. 3. The application of the applicant, Neville Williams, for a declaration pursuant to the said section be remitted to the Minister for consideration and determination according to law. 4. The Minister pay any costs hitherto reasonably incurred by the applicant or the second respondent, Barrick Australia Limited, in connection with the proceeding. 5. The Minister complete his determination of the remitted application, and notify his decision thereon to the other parties to this proceeding, by not later than Friday, 13 June 2003. 6. The parties have liberty to apply on two days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.