Friends of the Gelorup Corridor Inc v Minister for the Environment and Water (No 2) [2022] FCA 1554

Federal Court of Australia

Friends of the Gelorup Corridor Inc v Minister for the Environment and Water (No 2) [2022] FCA 1554 File number: WAD 154 of 2022

Judgment of: COLVIN J

Date of judgment: 22 December 2022

Catchwords: ENVIRONMENTAL LAW - application for judicial review of the decision to approve a controlled action under the Environmental Protection and Biodiversity Conversation Act 1999 (Cth) - where application seeks orders quashing the approval and an injunction under s 475(2) of the Act or prohibition - where proposed action likely to significantly impact various ecological communities and species - where approval granted subject to conditions requiring Commissioner to submit various management plans and an offset strategy - where delegate formed the view that the proposed action would not have an unacceptable environmental impact if subject to conditions - whether conditions concerning management plans impermissibly deferred the evaluative task - whether conditions concerning offset strategy impermissibly deferred the evaluative task - whether delegate failed to consider the precautionary principle - whether the delegate failed to consider the Commissioner's environmental history - whether the decision is inconsistent with western ringtail possum recovery plan - consideration of the precautionary principle - application dismissed - orders requiring further submissions as to costs

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Environmental Protection and Biodiversity Conservation Act 1999 (Cth) ss 133, 134, 136, 137, 137A, 138, 139, 140, 391, 475, Chapter 6 Judiciary Act 1903 (Cth) s 39B