Waratah Coal Inc v Minister for the Environment Heritage and the Arts [2008] FCA 1870

FEDERAL COURT OF AUSTRALIA

Waratah Coal Inc v Minister for the Environment Heritage and the Arts [2008] FCA 1870

ADMINISTRATIVE LAW – application for order for review and application under s 39B Judiciary Act 1903 (Cth) – review of purported decision by Minister under s 74B Environmental Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) STATUTORY INTERPRETATION – proper construction of s 74B EPBC Act – whether s 156(3) and s 518(1) apply to validate decision purportedly made pursuant to s 74B EPBC Act more than 20 business days after Minister reviewed referral – purpose of Ch 4 Pt 7 Div 1A EPBC Act Held: application dismissed with costs – s 156(3) and s 518(1) applicable to validate decision of Minister made pursuant to s 74B EPBC Act more than 20 business days after referral – the proper construction of the EPBC Act is that failure of the Minister to make a decision within a time limit set by the EPBC Act will not invalidate the decision

Acts Interpretation Act 1901 (Cth) s 15AA Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16 (1)(c) Aged or Disabled Persons Care Act 1954 (Cth) s 10H Commonwealth Radioactive Waste Management Act 2005 (Cth) s 7 Corporations Act 2001 (Cth) s 459G Crimes Act 1914 (Cth) s 15N Defence Act 1903 (Cth) s 51CA Environmental and Heritage Legislation Amendment Act (No 1) 2006 Environmental Protection and Biodiversity Conservation Act 1999 (Cth) ss 3, 67, 74B, 75, 87, 88, 130, 156(3), 518(1) Federal Court of Australia Act 1976 (Cth) ss 21, 23 Income Tax Assessment Act 1997 (Cth) s 376.250 Judiciary Act 1903 (Cth) s 39B Sydney Airport Demand Management Act 1997 (Cth) s 51 State Development and Public Works Organisation Act 1971 (Qld) s 26 Fisheries Act 1939 (Ireland) s 70 Land Reform (Scotland) Act 2003 (Scotland) s 37(19) Civil Contingencies Act 2004 (UK) s 25(2) Liquor Ordinance 1929 (ACT) Quarantine Regulations 2000 (Cth) reg 69F