Huon Aquaculture Group Limited v Minister for the Environment [2018] FCA 1011

FEDERAL COURT OF AUSTRALIA

Huon Aquaculture Group Limited v Minister for the Environment [2018] FCA 1011 File number: TAD 4 of 2017

Judge: KERR J

Date of judgment: 6 July 2018

Catchwords: ENVIRONMENT LAW – application for declaration that a decision of the Minister for the Environment that an action referred to him pursuant to s 69 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) was invalid – Minister determined that the proposed action was not a controlled action if carried out in accordance with specified manner provisions – declaration sought by a company that had proposed to take the relevant "action" – whether relief should be refused assuming invalidity – applicants resiling from seeking to prove that "action" had or would have a significant impact on matters of national environmental significance – principles applying to discretion to grant relief – delay – alternative relief – acquiescence – effect on other parties having ordered their affairs in reliance on the decision – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 12, 15B, 18, 43A, 43B, 68, 73, 74AA, 75, 76, 77, 77A, 78A, 78B, 475 Judiciary Act 1903 (Cth), s 39B Marine Farming Planning Act 1995 (Tas), s 23

Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Blue Wedges Inc v Minister for the Environment, Heritage and the Arts [2008] FCA 8; (2008) 165 FCR 211 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; (1984) 3 FCR 344 Huon Aquaculture Group Limited v Secretary, Department of Primary Industries, Parks, Water and Environment [2017] FCA 1615 Huon Aquaculture Group Limited v Secretary, Department of Primary Industries, Parks, Water and Environment (No 2) [2018] FCA 89 Jadwan Pty Ltd v Secretary, Department of Health & Aged Care [2003] FCAFC 288; (2003) 145 FCR 1 K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd [1985] HCA 48; (1985) 157 CLR 309 Lansen v Minister for Environment and Heritage [2008] FCAFC 189; (2008) 174 FCR 14 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 R v Australian Broadcasting Tribunal; Ex parte Hardiman [1980] HCA 13; (1980) 144 CLR 13 Tooth & Co Ltd v Parramatta City Council [1955] HCA 21; (1955) 97 CLR 492 Triabunna Investments Pty Ltd v Minister for the Environment and Energy [2018] FCA 486