Friends of Merri Creek Inc v Meakins [2003] FCA 671

FEDERAL COURT OF AUSTRALIA

Friends of Merri Creek Inc v Meakins [2003] FCA 671 ADMINISTRATIVE LAW – judicial review – s30 of Australian Heritage Commission Act 1975 (Cth) – effect of non-compliance – failure to take into account relevant considerations ENVIRONMENT – duty of decision-maker to avoid "action that adversely affects" part of the National Estate WORDS AND PHRASES – "no feasible and prudent alternative" Australian Land Transport Development Act 1988 (Cth) ss 26, 27, 39 Australian Heritage Commission Act 1975 (Cth) ss 4(1), 30, 47 Department of Transportation Act 1966 82 Stat 824, 49 USC § 1653(f) s4(f) Association Concerned About Tomorrow Inc v Dole 610 FSupp, 1101 (D.C. Tex 1985) cited Australian Conservation Foundation v Minister for Resources (1989) 76 LGRA 200 disapproved Citizens to Preserve Overton Park Inc v Volpe 401 US 402 (1971) followed Coalition for Responsible Regional Development v Brinegar 518 F2d 522 (4th Cir 1975) cited DC Federation of Civic Associations v Volpe 459 F2d 1231 (D.C. Cir 1971) cited Louisiana Environmental Society Inc v Coleman 537 F2d 79 (5th Cir 1976) cited Metropolitan Borough & Town Clerk of Lewisham v Roberts [1949] 2 KB 608 considered Re Reference under Section 11 of the Ombudsman Act 1976; Ex Parte Director General of Social Services (1979) 2 ALD 86 applied Stop H-3 Association v Dole 740 F2d 1442 (9th Cir 1984) cited Yates Security Services Pty Ltd v Keating (1990) 98 ALR 21, overruled by the Full Federal Court in Yates Security Services Pty Ltd v Keating (1990) 25 FCR 1 discussed B Miller, "Department of Transportation's Section 4(f): Paving the Way Towards Preservation" 36 American University Law Review 633 (1987) Parliament of the Commonwealth of Australia, National Estate – Report of the Committee of Inquiry, Parliamentary Paper No 195, 19 September 1974 (the Hope Report) FRIENDS OF MERRI CREEK INCORPORATED v JUDITH ANNE MEAKINS (ACTING FIRST ASSISTANT SECRETARY TRANSPORT PROGRAMMES, DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES) and MINISTER FOR TRANSPORT AND REGIONAL SERVICES V 207 of 2002 FINKELSTEIN J 4 JULY 2003 MELBOURNE