Koowarta v State of Queensland [2014] FCA 627

FEDERAL COURT OF AUSTRALIA

Koowarta v State of Queensland [2014] FCA 627 Citation: Koowarta v State of Queensland [2014] FCA 627

Parties: MARTHA KOOWARTA, DOROTHY POOTCHEMUNKA, DAWN KOONDUMBIN AND SARAH WOLMBY ON THEIR OWN BEHALF AND ON BEHALF OF THE WIK PEOPLE, HORACE ROCKY, JOANNE OMEENYO, DOROTHY SHORT, GRACE WARRADOO, SAM ZARO AND PATRICK BUTCHER JUNIOR ON THEIR OWN BEHALF AND ON BEHALF OF THE UMPILA PEOPLE, PETER PETER ON HIS OWN BEHALF AND ON BEHALF OF THE LAMA LAMA PEOPLE v STATE OF QUEENSLAND and MINISTER FOR THE ENVIRONMENT

File number(s): QUD 397 of 2010

Judge(s): GREENWOOD J

Date of judgment: 17 June 2014

Catchwords: CONSTITUTIONAL LAW – consideration of whether three wild river area declarations made by the Minister under the Wild Rivers Act 2005 (Qld) (the "Act") are invalid – consideration of whether the Minister in making the Archer Basin Wild River Declaration 2009, the Lockhart Basin Wild River Declaration 2009 and the Stewart Basin Wild River Declaration 2009, as the repository of the discretionary power to so declare, failed to satisfy the statutory pre-conditions to the exercise of the power as required by s 15 of the Act having regard to the s 13 "matters" and "other matters" contemplated by s 15 of the Act – consideration of the construction to be attributed to s 15 – consideration of whether failure to satisfy the pre-conditions to the exercise of the discretionary power renders approval of the declarations by the Governor-in-Council invalid, having regard to the approach to invalidity identified in Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 ADMINISTRATIVE LAW – consideration of whether the repository of the power under s 15 of the Wild Rivers Act 2005 (Qld) (the "Act") failed to consider pre-conditions to the exercise of the power stipulated by s 15 of the Act and whether the failure to comply with the pre-conditions rendered the exercise of the power invalid