Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Country Carbon Pty Ltd v Clean Energy Regulator [2018] FCA 1636 File number: VID 1108 of 2017
Judge: MORTIMER J
Date of judgment: 1 November 2018
Catchwords: ADMINISTRATIVE LAW – application for judicial review of decisions made by Clean Energy Regulator under the Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth) – Regulator's decisions imposed conditions on declarations obtained by applicant that its projects were "eligible offsets projects" including a requirement for consent to be obtained from holders of an "eligible interest" – whether on proper construction of Act the conditions applied only to "sequestration projects" – whether conditions imposed were thus beyond power – conditions imposed not beyond power on proper construction of Act – application dismissed ADMINISTRATIVE LAW – cross-claim by native title holders seeking declarations that applicant had no "legal right to carry out" project – separate question identified regarding whether existence of such a right a jurisdictional fact on proper construction of the Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth) – separate question answered in the negative STATUTORY INTERPRETATION – Circumstances in which it is open to a Court to change or insert words into statute as an exercise in statutory construction – not an appropriate circumstance
Legislation: Constitution, s 75(v) Acts Interpretation Act 1901 (Cth), ss 15AB(1)(a), 15AB(1)(b), 34AB(1)(c) Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth), 3, 4, 5, 12, 13, 15, 22, 23, 27, 28A, 31, 43, 44, 45, 45A, 53, 53A, 54, 97, 98, 99 Carbon Farming Initiative Amendment Act 2014 (Cth) Evidence Act 1995 (Cth), s 191 Judiciary Act 1903 (Cth), s 39B Native Title Act 1993 (Cth), s 57(2) Parliamentary Privileges Act 1987 (Cth), ss 16(3), 16(5) Carbon Credits (Carbon Farming Initiative) Rule 2015 (Cth), s 50 Federal Court Rules 2011 (Cth), rr 22.01, 22.02, 22.04 Civil Liability Act 2002 (NSW), s 12(2) Compensation to Relatives Act 1897 (NSW) Sentencing Act 1991 (Vic), s 37 Sentencing Amendment (Community Correction Reform) Act 2011 (Vic), s 21, Sch 3, cl 5
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