Harris v The Honourable Sussan Ley MP, Minister for the Environment [2021] FCA 1621

Federal Court of Australia

Harris v The Honourable Sussan Ley MP, Minister for the Environment [2021] FCA 1621 File number: QUD 26 of 2021

Judgment of: LOGAN J

Date of judgment: 21 December 2021

Catchwords: ENVIRONMENT LAW – application for judicial review of Minister for Environment's decision to refuse proposed action of land clearing pursuant to s 130(1) and s 133 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – where Minister found that proposed action would have significant impact on certain endangered and vulnerable species – whether determination of "significant impact" a matter for Minister's subjective determination or an objective fact – where reasoning of Anvil Hill Project Watch Association Inc v Minister for Environment and Water Resources (2008) 166 FCR 54 applicable – whether Minister's decision illogical or irrational – where Minister entitled to rely on her Department's recommendation report – whether Minister entitled to refuse proposed action by relying on applicant's refusal to consent to conditions attached to the proposed approval – where s 131 provides that conditions can be applied where the Minister considers it "necessary or convenient" – where proposed conditions do not depart from purpose of Pt 3 of the Act – application dismissed

Legislation: Administrative Decision (Judicial Review) Act 1977 (Cth) ss 5, 13 Constitution ss 51, 64 Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 12, 15, 15A, 15B, 15C, 18, 18A, 19, 24B, 24C, 34, 67, 68, 70, 75, 76, 77, 78, 78A, 87, 91, 95, 95B, 95C, 130, 131AA, 133, 134, 136, 139, 528 Judiciary Act 1903 (Cth) s 39B Native Title Act 1993 (Cth) Sustainable Planning Act 2009 (Qld)