Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 8) [2011] FCA 175 Citation: Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 8) [2011] FCA 175
Parties: WIDE BAY BURNETT CONSERVATION COUNCIL INC v BURNETT WATER PTY LTD ACN 097 206 614
File number: QUD 319 of 2008
Judge: LOGAN J
Date of judgment: 4 March 2011
Corrigendum: 15 March 2011
Catchwords: ENVIRONMENT LAW – application under s 475(1) Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) to restrain alleged contravention of Ministerial approval of controlled action – Ministerial approval of dam incorporating fishway – condition of approval that fishway be suitable for the Queensland lungfish and commence when dam became operational – meaning of "suitable" and "commence" – whether respondent contravened condition of approval ENVIRONMENT LAW – standing for "interested parties" under the EPBC Act
Legislation: Acts Interpretation Act 1901 (Cth) ss 23, 46 Crimes Act 1914 (Cth) s 13 Director of Public Prosecutions Act 1983 (Cth) s 9 Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 3, 18, 18A, 19, 67, 68, 75, 133, 142, 143, 178, 182, 361, 475 Evidence Act 1995 (Cth) s 140 Fish and Oyster Act 1914 (Qld) Fisheries Act 1994 (Qld) Water Resource Plan (Burnett Basin) 2000 (Qld)
Cases cited: Australian Conservation Foundation Inc v Commonwealth of Australia (1980) 146 CLR 493 considered Bateman's Bay Local Aboriginal Land Council v Aboriginal Community Benefit Fund Pty Ltd (1998) 194 CLR 247 considered R v Greater London Council: Ex parte Blackburn [1976] 1 WLR 550 considered Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (2000) 200 CLR 591 considered Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 2) [2009] FCA 237 cited Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 3) [2009] FCA 540 cited Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 5) [2009] FCA 1320 considered
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