Broad Henry v Director-General of the Department of Environment and Conservation and Australand Corporation (NSW) Pty Limited [2007] NSWLEC 722

Reported Decision : (2007) 159 LGERA 172

Land and Environment Court of New South Wales

CITATION : Broad Henry v Director-General of the Department of Environment and Conservation and Australand Corporation (NSW) Pty Limited [2007] NSWLEC 722

APPLICANT Aaron Broad Henry

PARTIES : FIRST RESPONDENT Director-General of the Department of Environment and Conservation

SECOND RESPONDENT Australand Corporation (NSW) Pty Limited ACN 001 022 117

FILE NUMBER(S) : 41213 of 2006

CORAM: Preston CJ

KEY ISSUES: Judicial Review :- permit and consent to destroy, deface and damage Aboriginal objects - request by Aboriginal persons during consultation to make inquiries about alleged massacre and associated burials - claims of failure to consider relevant matters and denial of natural justice in not making such inquiries - claim of consideration of irrelevant matters in considering other reports on the massacre and associated burials - claim of bias and racial discrimination by issuing permit and consent - all claims not substantiated

LEGISLATION CITED: National Parks and Wildlife Act 1974 s 2A, s 5, s 83, s 84, s 86, s 87, s 90 Racial Discrimination Act 1975 (Cth) s 10

Akpan v Minister for Immigration and Ethnic Affairs (1982) 58 FLR 47; Anderson v Director General of the Department of Environment and Conservation (2006) 144 LGERA 43; Brunetto v Collector of Customs (1984) 4 FCR 92; Country Energy v Williams (2005) 141 LGERA 426; Foster v Minister for Customs and Justice (2000) 200 CLR 442; Hospital Action Group Association Inc v Hastings Municipal Council (1993) 80 LGERA 190; Henry v Shellharbour City Council [2005] NSWLEC 378 (22 July 2005); CASES CITED: Henry v Shellharbour City Council [2005] NSWLEC 600 (21 October 2005); Kennedy v Director General of the Department of Environment and Conservation [2006] NSWLEC 456 (26 July 2006); Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273; Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155; Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam (2003) 214 CLR 1; Schroders Australia Property Management Ltd v Shoalhaven City Council [2001] NSWCA 74 (20 April 2001); Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363; Videto v Minister for Immigration and Ethnic Affairs (1985) 8 FCR 167