Anderson v Director General of the Department of Environmental and Climate Change & Anor [2008] NSWCA 337

Anderson v Director General of the Department of Environmental and Climate Change & Anor [2008] NSWCA 337

The Report adopted by the first respondent gave careful, detailed and comprehensive consideration to the principle of inter-generational equity as required by statute; the significance of the land and Aboriginal objects, including the perspective of the traditional owners and broader Aboriginal community, was evaluated. There was no misdirection about the statutory test. The appellants' arguments did not establish that the relevant matter was not considered. Judicial review does not allow merit-redetermination of weight given to the considerations. The appeal fails.

Jurisdiction
Australia
Judgment Date
04 December 2008
Procedural Posture
Appeal / Judgment on Appeal From Land & Environment Court Decision
Outcome
Appeal dismissed with costs
Legal Topics
['judicial Review' 'protection of Aboriginal Heritage' 'relevant Considerations' 'inter Generational Equity']
['administrative Law' 'environmental Law' 'aboriginal Law'] ['judicial Review' 'protection of Aboriginal Heritage' 'relevant Considerations' 'inter Generational Equity']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Land & Environment Court Decision

Legal Issues

  1. 1 ['Whether the decision-maker failed to take into account a relevant consideration, namely inter-generational equity, when granting consent to destroy/damage Aboriginal objects under s 90 of the National Parks and Wildlife Act 1974 (NSW)' 'Whether the decision-maker misdirected itself regarding the meaning and application of inter-generational equity' 'Whether the decision-maker properly considered the relationship of the Aboriginal objects with the land and their significance to Aboriginal people']

Ratio Decidendi

The Report adopted by the first respondent gave careful, detailed and comprehensive consideration to the principle of inter-generational equity as required by statute; the significance of the land and Aboriginal objects, including the perspective of the traditional owners and broader Aboriginal community, was evaluated. There was no misdirection about the statutory test. The appellants' arguments did not establish that the relevant matter was not considered. Judicial review does not allow merit-redetermination of weight given to the considerations. The appeal fails.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed' "Appellants to pay the respondents' costs"]