Northern Inland Council for the Environment Inc v Minister for the Environment [2013] FCA 1419

FEDERAL COURT OF AUSTRALIA

Northern Inland Council for the Environment Inc v Minister for the Environment [2013] FCA 1419 Citation: Northern Inland Council for the Environment Inc v Minister for the Environment [2013] FCA 1419

Parties: NORTHERN INLAND COUNCIL FOR THE ENVIRONMENT INC v MINISTER FOR THE ENVIRONMENT and ASTON COAL 2 PTY LIMITED (ACN 139 472 567)

File number: NSD 1404 of 2013

Judge: COWDROY J

Date of judgment: 20 December 2013

Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of Minister for the Environment to approve a project to construct and operate a new open cut coal mine – whether the Minister took into account an alleged disclosure of sensitive information by the New South Wales Government in making his decision – whether the conditions attached to the approval were sufficiently certain – whether the Minister failed to take into account the impact of the project on the Tylophora linearis plant species – whether s 139(2) of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) is dependent on a jurisdictional fact – if a jurisdictional fact does exist, whether the jurisdictional fact is enlivened – if the jurisdictional fact is enlivened, whether the project is likely to have a significant impact on the Tylophora linearis plant species EVIDENCE – whether direction under s 136 of the Evidence Act 1995 (Cth) should be made in respect of a submission made on behalf of the applicant to the Minister for the Environment in respect of the project – whether the direction is necessary to restrict inadmissible opinion evidence – whether the direction is necessary to restrict inadmissible hearsay evidence