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

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

The Director-General took account of all relevant material before issuing the permit and consent under ss 87 and 90 of National Parks and Wildlife Act 1974, including available archaeological reports and consultation with the Aboriginal community. There was no legal obligation to obtain further reports or undertake additional work as requested by the applicant. No denial of procedural fairness, bias, or racial discrimination was substantiated, as statutory requirements were complied with and all material claims were considered.

Parties
Applicant: Aaron Broad Henry; First Respondent: Director-General of the Department of Environment and Conservation; Second Respondent: Australand Corporation (NSW) Pty Limited ACN 001 022 117
Jurisdiction
Australia
Judgment Date
01 November 2007
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Procedural Fairness, Relevant and Irrelevant Considerations, Bias, Racial Discrimination, Consultation Requirements in Development Applications
Administrative Law Planning and Environment Law Aboriginal Heritage Law Judicial Review Procedural Fairness Relevant and Irrelevant Considerations Bias Racial Discrimination +1 more

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Parties

Aaron Broad Henry

Applicant

Director-General of the Department of Environment and Conservation

First Respondent

Australand Corporation (NSW) Pty Limited ACN 001 022 117

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Director-General failed to consider relevant matters in granting permit/consent under National Parks and Wildlife Act 1974
  2. 2 Whether irrelevant matters were taken into account
  3. 3 Whether there was denial of natural justice/procedural fairness

Ratio Decidendi

The Director-General took account of all relevant material before issuing the permit and consent under ss 87 and 90 of National Parks and Wildlife Act 1974, including available archaeological reports and consultation with the Aboriginal community. There was no legal obligation to obtain further reports or undertake additional work as requested by the applicant. No denial of procedural fairness, bias, or racial discrimination was substantiated, as statutory requirements were complied with and all material claims were considered.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • If no application seeking orders to the contrary is filed within 14 days, applicant to pay costs of each respondent