Parker v Minister for Sustainability, Environment, Water, Population and Communities [2011] FCA 1325

FEDERAL COURT OF AUSTRALIA

Parker v Minister for Sustainability, Environment, Water, Population and Communities [2011] FCA 1325 Citation: Parker v Minister for Sustainability, Environment, Water, Population and Communities [2011] FCA 1325

Parties: GLENN PARKER, CARLY PARKER, GARRY LOPATTA and CLAY HUNTER v MINISTER FOR SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES

File number: VID 869 of 2009

Judge: BROMBERG J

Date of judgment: 18 November 2011

Catchwords: ENVIRONMENT LAW – Environment Protection and Biodiversity Conservation Act 1999 (Cth) – amendment made to live import list by legislative instrument made by Minister – whether an environmental assessment report was required to be considered by Minister as a precondition to amending the live import list where the amendment had the effect of prohibiting the import of a specimen – meaning of "including an item in the list" considered – whether an assessment report of a particular quality, sufficiency or adequacy is mandated as a requisite objective jurisdictional fact – whether the legislative instrument was invalid for unreasonableness or lack of reasonable proportionality – application dismissed. STATUTORY INTERPRETATION – status of a Note in a legislative instrument – status of Explanatory Statement to a legislative instrument – s 13(1)(a) of Legislative Instruments Act 2003 (Cth) – whether legislative instrument should be read and construed so as not to exceed the enabling power – s 13(1)(b) of the Legislative Instruments Act 2003.

Legislation: Acts Interpretation Act 1901 (Cth) ss 15AB, 46A Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 3, Part 13A Division 4, 391, 527A Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Bill 2001 Legislative Instruments Act 2003 (Cth) s 13