Queensland Conservation Council Inc v Minister for the Environment and Heritage [2003] FCA 1463

FEDERAL COURT OF AUSTRALIA

Queensland Conservation Council Inc v Minister for the Environment and Heritage [2003] FCA 1463 SUMMARY 1 In accordance with the practice of the Federal Court in some cases of public interest, the following summary has been prepared to accompany the reasons for judgment delivered today. The summary is intended to assist an understanding of the decision of the Court. It is not a complete statement of the conclusions reached by the Court or the reasons for those conclusions. The only authoritative statement of the Court's reasons is that contained in the published reasons for judgment. The published reasons for judgment and this summary will be available on the Internet at www.fedcourt.gov.au. 2 These proceedings concern the extent of the enquiry necessary to be undertaken by the Minister for Environment and Heritage of the impacts which a proposed development or activity may have upon the Great Barrier Reef World Heritage Area. 3 The Environment Minister had referred to him a proposal to construct a dam on the Dawson River in Queensland. Concerns were expressed by the applicants and others that a dam would enable cotton farming, which uses irrigation, to be undertaken. Chemicals used in that farming might travel downstream and into the Area. 4 The Environment Minister considered that the relevant statutory provisions required him only to consider the effects of the operation of the dam by the entity proposing it and did not extend to consequences which might follow other persons' decisions to use chemicals. The Court has held that the enquiry is a wider one and the Environment Minister is therefore obliged to reconsider the matter. It has not been part of the Court's function to determine what impacts will follow upon construction of the dam nor whether they will be both significant in the impact upon the reef and likely to occur. These matters are to be determined by the Environment Minister. QUEENSLAND CONSERVATION COUNCIL INC, WORLD WIDE FUND FOR NATURE AUSTRALIA v MINISTER FOR THE ENVIRONMENT AND HERITAGE Q203 OF 2002 KIEFEL J BRISBANE 19 DECEMBER 2003