Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment & Heritage & Ors [2006] FCA 736

FEDERAL COURT OF AUSTRALIA

Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment & Heritage & Ors [2006] FCA 736 ADMINISTRATIVE LAW – application for review – decision pursuant to Environmental Protection and Biodiversity Conservation Act 1999 – failure take account of relevant considerations– failure to address the proper question ENVIRONMENTAL LAW – environmental protection – proper construction of s 75 Environmental Protection and Biodiversity Conservation Act 1999 Environment Protection and Biodiversity Conservation Act 1999 (Cth)ss 3A, 12, 16, 20, 67 68, 74, 75, 77, 183, 188, 523 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Acts Interpretation Act 1901 (Cth) s 15AB Convention on Biological Diversity (Rio de Janeiro, 5 June 1992) [1993] ATS 32 Framework Convention on Climate Change (New York, 9 May 1992) [1994] ATS 2 Minister for Environment and Heritage v Queensland Conservation Council Inc (2004) 139 FCR 24 cited WILDLIFE PRESERVATION SOCIETY OF QUEENSLAND PROSERPINE/WHITSUNDAY BRANCH INC v MINISTER FOR THE ENVIRONMENT AND HERITAGE, BOWEN CENTRAL COAL MANAGEMENT PTY LTD AND QCOAL PTY LTD QUD 216 OF 2005 DOWSETT J 15 JUNE 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 216 OF 2005

BETWEEN: WILDLIFE PRESERVATION SOCIETY OF QUEENSLAND PROSERPINE/WHITSUNDAY BRANCH INC

APPLICANT

AND: MINISTER FOR THE ENVIRONMENT AND HERITAGE

FIRST RESPONDENT

BOWEN CENTRAL COAL MANAGEMENT PTY LTD

SECOND RESPONDENT

QCOAL PTY LTD

THIRD RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 15 JUNE 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.