The Investors for the Future of Tasmania Inc. v Minister for the Environment and Water Resources [2007] FCA 1179

FEDERAL COURT OF AUSTRALIA

The Investors for the Future of Tasmania Inc. v Minister for the Environment and Water Resources [2007] FCA 1179

ADMINISTRATIVE LAW – application for review of two decisions made by Minister under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) – first decision designating proposed action as controlled action and specifying controlling provisions – second decision that relevant impacts of controlled action be assessed on preliminary documentation – whether valid referral under EPBC Act to support decisions – whether in making first decision the Minister failed to take into account a relevant consideration or took into account an irrelevant consideration – s 75(2B) of EPBC Act – RFA forestry operation – Commonwealth land – whether Minister misconstrued s 87(5) of EPBC Act in making second decision – whether denial of procedural fairness in making of second decision – whether second decision affected by apprehended bias – whether second decision manifestly unreasonable – whether in making second decision Minister took into account an irrelevant consideration

Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 74(2)(b)(ii), 74(3), 75, 75(1A), 75(5), 87, 87(1), 87(3), 87(3)(c), 131AA(7) Pulp Mill Assessment Act 2007 (Tas) Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 applied SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 referred to The Wilderness Society Inc. v The Hon. Malcolm Turnbull, Minister for the Environment and Water Resources [2007] FCA 1178 referred to THE INVESTORS FOR THE FUTURE OF TASMANIA INC. v MINISTER FOR THE ENVIRONMENT AND WATER RESOURCES AND GUNNS LIMITED TAD 17 OF 2007

MARSHALL J