Mineralogy Pty Ltd v Secretary of the Department of Infrastructure and Regional Development [2014] FCA 879

FEDERAL COURT OF AUSTRALIA

Mineralogy Pty Ltd v Secretary of the Department of Infrastructure and Regional Development [2014] FCA 879 Citation: Mineralogy Pty Ltd v Secretary of the Department of Infrastructure and Regional Development [2014] FCA 879

Parties: MINERALOGY PTY LTD (ACN 010 582 680) v THE SECRETARY OF THE DEPARTMENT OF INFRASTRUCTURE AND REGIONAL DEVELOPMENT and CAPE PRESTON PORT COMPANY (ACN 147 842 153)

File number: NSD 221 of 2014

Judge: MCKERRACHER J

Date of judgment: 20 August 2014

Catchwords: JUDICIAL REVIEW – approval of maritime security plan for port facility operator at a security regulated port under s 51 of Maritime Transport and Offshore Facilities Securities Act 2003 (Cth) – whether failure to comply with the Maritime Transport and Offshore Facilities Securities Act 2003 (Cth) s 51 and Maritime Transport and Offshore Facilities Security Regulations 2003 (Cth) regs 3.105, 3.130 - mandatory contents of a port facility operator maritime security plan – whether decision-maker need only be satisfied that the plan in question adequately addresses the relevant requirements under Part 3, Division 4 – relevant and irrelevant considerations – whether a requirement that a port facility officer's maritime security plan be compatible with existing draft plans of other maritime industry participants – whether a requirement that a port facility officer's maritime security plan to be subservient to the draft maritime security plan of the port officer – whether decision-maker required to consider any underlying dispute concerning legal entitlement to occupy and operate the facilities – whether the relevant question is the factual question of whether the port facility operator was in fact operating port facilities at security regulated port – natural justice – whether approval of a maritime industry participant's maritime security plan had an effect on the approval of another maritime industry participant's maritime security plan – whether approval of port facility officer's maritime security plan had any effect on contractual arguments advanced in other litigation concerning the right to occupy and operate the port facilities – whether decision as to approval of a maritime security plan for port facility operator apt to adversely affect the rights or interests of the applicant in such a way as to give rise to an obligation to accord procedural fairness