Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dates v Minister for Environment, Heritage and the Arts (No 2) [2010] FCA 256 Citation: Dates v Minister for Environment, Heritage and the Arts (No 2) [2010] FCA 256
Parties: WORIMI DATES v MINISTER FOR ENVIRONMENT, HERITAGE AND THE ARTS
File number: NSD 635 of 2009
Judge: BENNETT J
Date of judgment: 24 March 2010
Catchwords: ADMINISTRATIVE LAW – review of Minister's decision not to make declarations under ss 9,10 and 12 of the Aboriginal and Torres Strait Islander Heritage Protection Act – Minister only satisfied that part of the specified area is a significant Aboriginal area – not satisfied that the part of the area affected by roadworks is significant – utility of challenging s 9 decision when s 10 decision made – error of law – whether the Minister asked the correct question – whether conclusions supported by any probative material or made on logical grounds – relevant considerations – irrelevant considerations – procedural fairness
Words and phrases: "Aboriginal tradition"
Legislation: Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) ss 9, 10, 12
Cases cited: Anderson v Minister for Environment, Heritage and the Arts [2010] FCA 57 followed/applied Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied Williams v Minister for Environment and Heritage (2003) 74 ALD 124 distinguished
Date of hearing: 2 and 3 March 2010
Place: Sydney
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate