Lawyers for Forests Inc v Minister for the Environment, Heritage and the Arts [2009] FCA 330

FEDERAL COURT OF AUSTRALIA

Lawyers for Forests Inc v Minister for the Environment, Heritage and the Arts [2009] FCA 330

ADMINISTRATIVE LAW – decision made under s 133 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) to approve proposal - whether the decision was ultra vires the Act – whether the Minister failed to take into account the "precautionary principle" – information "available" to the Minister – whether the Minister was obliged to seek further information prior to making decision – whether the decision was unreasonable – whether the result of the decision was uncertain – whether the decision was irrational or capricious Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(e) and (2)(h) Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 3, 3A, 23, 24A, 67, 68, 75, 87, 95B, 95C, 130, 131A, 133, 132, 134, 136, 143, 144, 145, 145B, 391 Alexandra Private Geriatric Hospital Pty Ltd v Blewett Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Blue Wedges Inc v Minister for Environment, Heritage and the Arts (2008) 165 FCR 211 Blue Wedges Inc v Minister for Environment, Heritage and the Arts (2008) 167 FCR 463 Bromley London Borough Council v Greater London Council [1983] 1 AC 768 Bruce v Cole (1998) 45 NSWLR 163 Commonwealth v Pharmacy Guild of Australia (1989) 91 ALR 65 Council of Civil Service Unions v Minister for the Civil Service [1985] 1 AC 374 Director of Animal and Plant Quarantine v Australian Pork Ltd (2005) 146 FCR 368 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Khan v Minister for Immigrationt and Ethnic Affairs (1987) 14 ALD 291 Lawyers for Forests Inc v Minister for the Environment, Heritage and the Arts [2008] FCA 588 Hindi v Minister for Immigration and Ethnic Affairs (1988) 91 ALR 586 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 Minister of State for Immigration, Local Government and Ethnic Affairs v Pashmforoosh (1989) 18 ALD 77 Port Stephens Pearls Pty Ltd v Minister for Infrastructure and Planning [2005] NSWLEC 426 Pyneboard Pty Ltd v Trade Practices Commission (1982) 39 ALR 565 Randwick City Council v Minister for the Environment (1998) 54 ALD 682 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 Seven Network Ltd v Australian Competition and Consumer Commission (2004) 140 FCR 170 Telstra Corporation Ltd v Hornsby Shire Council (2006) 67 NSWLR 256 The Wilderness Society Inc v Turnbull, Minister for the Environment and Water Resources (2007) 243 ALR 241 Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment and Heritage (2006) 232 ALR 510 LAWYERS FOR FORESTS INC v MINISTER FOR THE ENVIRONMENT, HERITAGE AND THE ARTS and GUNNS LIMITED