Seafish Tasmania Pelagic Pty Ltd v Burke, Minister for Sustainability, Environment, Water, Population and Communities (No 2) [2014] FCA 117

Seafish Tasmania Pelagic Pty Ltd v Burke, Minister for Sustainability, Environment, Water, Population and Communities (No 2) [2014] FCA 117

The declarations were lawful, legislative in character, subject to proper parliamentary control and consultation, and not unreasonable or otherwise affected by error of law. The applicants' submissions and relevant considerations were taken into account to the extent required by the governing statute. The application is dismissed with costs.

Jurisdiction
Australia
Judgment Date
21 February 2014
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
Application dismissed with costs.
Legal Topics
['judicial Review of Ministerial Decisions' 'legislative Versus Administrative Characterisation' 'fishing Industry Regulation' 'procedural Fairness' 'reasonableness of Decision Making']
['administrative Law' 'environmental Law'] ['judicial Review of Ministerial Decisions' 'legislative Versus Administrative Characterisation' 'fishing Industry Regulation' 'procedural Fairness' 'reasonableness of Decision Making']

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Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether the ministerial declarations prohibiting certain commercial fishing activities were legislative or administrative in character' 'Whether the declarations and underlying agreements were unreasonable or otherwise affected by error of law' 'Whether the ministers failed to consider relevant submissions or denied procedural fairness']

Ratio Decidendi

The declarations were lawful, legislative in character, subject to proper parliamentary control and consultation, and not unreasonable or otherwise affected by error of law. The applicants' submissions and relevant considerations were taken into account to the extent required by the governing statute. The application is dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicants are to pay the respondents' costs of and incidental to the proceeding, including reserved costs, to be taxed if not agreed."]