Western Australian Land Authority (Landcorp) v Minister for Sustainability, Environment, Water, Population and Communities [2012] FCA 226

FEDERAL COURT OF AUSTRALIA

Western Australian Land Authority (Landcorp) v Minister for Sustainability, Environment, Water, Population and Communities [2012] FCA 226 Citation: Western Australian Land Authority (Landcorp) v Minister for Sustainability, Environment, Water, Population and Communities [2012] FCA 226

Parties: THE WESTERN AUSTRALIAN LAND AUTHORITY (LANDCORP) v MINISTER FOR SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES

File number: WAD 379 of 2010

Judge: GILMOUR J

Date of judgment: 15 March 2012

Catchwords: ADMINISTRATIVE LAW – procedural fairness – reconsideration decision under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) s 78A - substantial new information - whether the substantial new information took into account cumulative impact - whether there was an assumed deficiency - whether in making the decision "systematic understanding" was relied on - whether this was taking into account an irrelevant consideration - someone whose interests are likely to be affected by an exercise of power must be given an opportunity to deal with the relevant matters adverse to their interest - requirement to disclose with specificity

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(a), (e), (f), 5(2)(a)-(b), (g), 16(1)(a) and (b), 13(1) Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 3, 16, 18, 19, 18A, 67, 75, 78, 78A. 78B, 78C, 87(3)(a)-(c), 527E Judiciary Act 1903 (Cth) ss 39B

Cases cited: Annetts v McCann (1990) 170 CLR 596 Avon Downs Proprietary Limited v Federal Commissioner of Taxation (1949) 78 CLR 353 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Gamaethige v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 424 Kioa v West (1985) 159 CLR 550 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 R v The Commonwealth Conciliation & Arbitration Commission; Ex parte The Angliss Group (1969) 122 CLR 546 R v The War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 Li Shi Ping v Minister for Immigration, Local Government and Ethnic Affairs (1994) 35 ALD 225 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration & Ethnkic Affairs v Wu Shan Liang (1996) 185 CLR 259 Phosphate Resources Ltd v Minister for Environment Heritage and the Arts (No 2) (2008) 251 ALR 80 Settlement Agents Supervisory Board v Property Settlement Services Pty Ltd [2009] WASCA 143 WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 568