Seafish Tasmania Pelagic Pty Ltd v Burke, Minister for Sustainability, Environment, Water, Population and Communities (No 2) [2014] FCA 117

FEDERAL COURT OF AUSTRALIA

Seafish Tasmania Pelagic Pty Ltd v Burke, Minister for Sustainability, Environment, Water, Population and Communities (No 2) [2014] FCA 117 Citation: Seafish Tasmania Pelagic Pty Ltd v Burke, Minister for Sustainability, Environment, Water, Population and Communities (No 2) [2014] FCA 117

Parties: SEAFISH TASMANIA PELAGIC PTY LTD ACN 157 913 776 and SEAFISH TASMANIA PTY LTD ACN 097 802 572 v THE MINISTER FOR SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES FOR THE COMMONWEALTH OF AUSTRALIA, THE MINISTER FOR AGRICULTURE FISHERIES AND FORESTRY FOR THE COMMONWEALTH OF AUSTRALIA and THE COMMONWEALTH OF AUSTRALIA

File number: QUD 52 of 2013

Judge: LOGAN J

Date of judgment: 21 February 2014

Catchwords: ADMINISTRATIVE LAW – judicial review – s 39B of the Judiciary Act 1903(Cth) – Administrative Decisions (Judicial Review) Act 1977(Cth) – practice and procedure – application of Ch 5B, Pt 15B of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – s 390SD(2) – characterisation of legislative or administrative decision – nature of ministerial declarations of commercial fishing activity under s 390SD and s 390SF of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether ministerial declarations reasonable or otherwise affected by error of law Held: declarations reasonably open to Minister to make and antecedent ministerial agreement also reasonably open

Legislation: Constitution ss 64, 75 Administrative Decisions (Judicial Review) Act 1977 (Cth) Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 146, 222A, 390SD, 390SE, 390SF, 390SG, 390SH, 528, Ch 5B, Pt 10, Pt 13, Pt 15B Environment Protection and Biodiversity Conservation Amendment (Declared Commercial Fishing Activities) Act 2012 (Cth) Fisheries Administration Act 1991 (Cth) Fisheries Management Act 1991 (Cth) ss 4, 91 Judiciary Act 1903 (Cth) s 39B Legislative Instruments Act 2003 (Cth) ss 24, 42, 201A Public Service Act 1999 (Cth) s 10 Shipping Registration Act 1981 (Cth) Federal Court Rules 2011 (Cth) r 31.05, r 31.11(2)