Australian Conservation Foundation Incorporated v Minister for the Environment and Energy [2017] FCAFC 134

Procedural Posture

Appeal From Dismissal of Judicial Review Application Concerning Approval of a Coal Mine Project / Full Court Appeal

Legal Issues

1. 1 ["Whether the primary judge erred in reading the Minister's statement of reasons as including a determination about whether the physical effects of climate change on the Great Barrier Reef were an impact of the action within s 527E of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)." 'Whether the Minister failed to apply, misdirected himself about, or misapplied ss 82(1), 136(2)(e) and 527E of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).' 'Whether it was open to the Minister, on the facts found in his reasons, to determine that the physical effects of climate change on the Great Barrier Reef were not an impact within ss 82(1) and 527E.']

Ratio Decidendi

The appeal failed because the Minister considered the new information about overseas greenhouse gas emissions and evaluated its possible effects on protected matters, including the Great Barrier Reef. The Minister accepted or assumed that the information was on relevant impacts and addressed it under s 136; he was not required, in the approval decision, to undertake a detailed separate application of ss 82 and 527E or make an intermediate determination that the overseas emissions were impacts. Nothing in the reasons showed an erroneous view of those provisions, and the reasons reflected a proper discharge of the statutory duty.

Court Disposition

Appeal dismissed.

Orders

• ['The appeal be dismissed.' 'Within 14 days of this order the appellant file and serve submissions, limited to 3 pages, on the question of costs.' 'Within a further 14 days, the respondents file and serve submissions, limited to 3 pages, on the question of costs.']