Save the Ridge Inc v Commonwealth of Australia [2005] FCA 17

FEDERAL COURT OF AUSTRALIA

Save the Ridge Inc v Commonwealth of Australia [2005] FCA 17 ENVIRONMENT – protection from Commonwealth actions – amendment of arterial roads policy in National Capital Plan – such amendment not an 'action' covered by Environment Protection and Biodiversity Conservation Act 1999

Environment Protection and Biodiversity Conservation Act 1999 s 28(1), s 523, s 524(2) Australian Capital Territory (Planning and Land Management) Act 1988 (Cth) s 10, 11, 12, 21, 22 Minister for the Environment and Heritage v Queensland Conservation Council Inc [2004] FCAFC 190 referred to SAVE THE RIDGE INC v COMMONWEALTH OF AUSTRALIA & ANOR ACD 16 of 2004 WHITLAM J 20 JANUARY 2005 SYDNEY (HEARD AT CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY ACD 16 of 2004

BETWEEN: SAVE THE RIDGE INC

APPLICANT

AND: COMMONWEALTH OF AUSTRALIA

FIRST RESPONDENT

AUSTRALIAN CAPITAL TERRITORY

SECOND RESPONDENT

JUDGE: WHITLAM J

DATE OF ORDER: 20 JANUARY 2005

WHERE MADE: SYDNEY (HEARD AT CANBERRA)

THE COURT ORDERS THAT:

1. The separate questions be answered as follows: (a) Question: Do the activities identified in the particulars set out in paragraph 3 of the grounds of the amended application constitute, individually or collectively, "action" for the purposes of the Environment Protection and Biodiversity Conservation Act 1999? Answer: No.

(b) Question: Do any of the activities identified in paragraph 7 of those grounds, namely:

(i) the making of amendment 41 to the National Capital Plan;

(ii) the making of amendment 46 to the National Capital Plan;

(iii) the granting of works approvals on 6 February 2004, 18 February 2004, 24 February 2004, 17 March 2004 and 18 March 2004;