Triabunna Investments Pty Ltd v Minister for the Environment and Energy [2018] FCA 486

FEDERAL COURT OF AUSTRALIA

Triabunna Investments Pty Ltd v Minister for the Environment and Energy [2018] FCA 486 File number: TAD 40 of 2017

Judge: KERR J

Date of judgment: 12 April 2018

Catchwords: ENVIRONMENT LAW – application for judicial review of referral decision under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) – whether s 77 of the EPBC Act is the source of the Minister's power to determine whether a proposed action is a controlled action – where action determined not to be a controlled action if carried out consistently with specified manner provisions – whether Court has power to order the Minister to correct a s 77 notice – contention that the proposed action evolved or was varied from that initially referred by proponent – whether proponent sought to vary proposed action – whether Minister unilaterally varied proposed action – whether Minister erred in failing to consider the impacts of the proposed action on World Heritage and National Heritage listed site – contention that procedural fairness required further information to have been published to allow the general public and first and second applicants subsequent opportunity to comment – whether first and second applicants have a special interest likely to be affected by the proposed action – whether further information altered the proposed action – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 16 Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 18, 18A, 20, 20A, 68, 72, 74, 75, 76, 77, 77A, 156A, 523 Environment Protection and Biodiversity Conservation Regulations 2000 (Cth), Sch 2