Tarkine National Coalition Incorporated v Minister for Sustainability, Environment, Water, Population and Communities [2013] FCA 694

FEDERAL COURT OF AUSTRALIA

Tarkine National Coalition Incorporated v Minister for Sustainability, Environment, Water, Population and Communities [2013] FCA 694 Citation: Tarkine National Coalition Incorporated v Minister for Sustainability, Environment, Water, Population and Communities [2013] FCA 694

Parties: TARKINE NATIONAL COALITION INCORPORATED v MINISTER FOR SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES and SHREE MINERALS LIMITED

File number: TAD 8 of 2013

Judge: MARSHALL J

Date of judgment: 17 July 2013

Catchwords: ADMINISTRATIVE LAW – jurisdictional error – challenge to the first respondent Minister's decision to approve proposed action by the second respondent to develop and operate a mine in northwest Tasmania – whether Minister failed to "have regard to" the "Approved Conservation Advice for the Tasmanian Devil" – text, structure and purpose of the EPBC Act considered – mandatory consideration – whether the Minister's decision would have been materially affected by failure to have regard to the document itself – whether the Minister was entitled to attach certain conditions to the approval – whether decision irrational or unreasonable – whether relief should be refused on discretionary grounds.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Associations Incorporation Act 1964 (Tas) Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 18, 18A, 19, 20 , 20A, 25AA, 28AB, 34, 53, 67, 67A, 68, 75, 87, 103, 132, 133, 134, 139, 487(3), 266B, 502, 503, 528 Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) r 7.01 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s109(1)(c)