Tarkine National Coalition Incorporated v Minister for the Environment [2014] FCA 468

FEDERAL COURT OF AUSTRALIA

Tarkine National Coalition Incorporated v Minister for the Environment [2014] FCA 468 Citation: Tarkine National Coalition Incorporated v Minister for the Environment [2014] FCA 468

Parties: TARKINE NATIONAL COALITION INCORPORATED v MINISTER FOR THE ENVIRONMENT, VENTURE MINERALS LTD and STATE OF TASMANIA

File number: TAD 36 of 2013

Judge: TRACEY J

Date of judgment: 15 May 2014

Catchwords: ADMINISTRATIVE LAW – appeal – 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 erred by failing to have regard to considerations likely to be imposed by the Tasmanian Resource Management and Planning Tribunal – whether the project should have been assessed under Part 8 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether the bilateral agreement between the Commonwealth Minister and Tasmania was valid – whether the Minister failed to have regard to "cumulative impacts" of the project – whether the conditions attached to the Minister's approval were authorised under s 134 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Legislation: Environment and Heritage Legislation Amendment Bill (No. 1) 2006 (Cth) Environmental Management and Pollution and Control Act 1994 (Tas) – ss 25, 27A, 74, Div 1A, Sch 5 Environment Protection and Biodiversity Conservation Act 1999 (Cth) – ss 3, 18, 18A, 19, 19, 20, 20A, 44, 45, 47, 67, 67A, 68, 75, 83, 130, 131, 131AA, 133, 134, 136, 527E, Parts 3, 5, 7, 8, 9 Land Use Planning and Approvals Act 1993 (Tas)