Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Save Beeliar Wetlands (Inc) v Commissioner of Main Roads [2017] FCA 4 File number: WAD 601 of 2016
Judge: SIOPIS J
Date of judgment: 9 January 2017
Catchwords: ENVIRONMENT LAW – approval granted under s 130(1) and s 133 of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) to the Commissioner of Main Roads in Western Australia for the carrying out construction works which adversely affects the habitat of the black cockatoos at the site of the works – approval given subject to the imposition of conditions – applicant alleged that the Commissioner had failed to comply with conditions PRACTICE AND PROCEDURE – interlocutory injunction - applicant sought to enjoin further construction work – whether there was a serious question to be tried – balance of convenience
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 130(1), 133, 142, 475
Cases cited: Plaintiff M168/10 v Commonwealth of Australia (2011) 279 ALR 1
Date of hearing: 6 January 2017
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 60
Counsel for the Applicant: Mr J Thomson SC and Mr T Porter
Solicitor for the Applicant: Maurice Blackburn
Counsel for the First Respondent: Mr K Pettit SC and Ms C Taggart
Solicitor for the First Respondent: State Solicitor's Office
Counsel for the Third Respondent: Mr A Pound
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