Lamason v Australian Fisheries Management Authority [2009] FCA 245

Lamason v Australian Fisheries Management Authority [2009] FCA 245

The impugned determination in item 5 of s 32 of the Management Plan was reached after prolonged public debate, consultation, and expert opinion, and is reasonably adapted to achieve the objectives of the Fisheries Management Act. The allocation is not irrational or unreasonable in the relevant sense, and there is a real connection between the legislative instrument and the statutory purposes. Thus, item 5 is not invalid.

Jurisdiction
Australia
Judgment Date
20 March 2009
Procedural Posture
Application for Declaration (administrative Law) / Final Judgment
Outcome
Application dismissed
Legal Topics
['validity of Legislative Instrument' 'statutory Fishing Rights Allocation' 'ultra Vires' 'unreasonableness in Delegated Legislation']
['administrative Law' 'fisheries Law'] ['validity of Legislative Instrument' 'statutory Fishing Rights Allocation' 'ultra Vires' 'unreasonableness in Delegated Legislation']

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Procedural Posture

Application for Declaration (administrative Law) / Final Judgment

Legal Issues

  1. 1 ['Whether item 5 of s 32 of the Eastern Tuna and Billfish Fishery Management Plan is invalid' 'Whether the allocation under s 32 is irrational, unreasonable or capricious' 'Whether the Management Plan is ultra vires or inconsistent with legislative objectives']

Ratio Decidendi

The impugned determination in item 5 of s 32 of the Management Plan was reached after prolonged public debate, consultation, and expert opinion, and is reasonably adapted to achieve the objectives of the Fisheries Management Act. The allocation is not irrational or unreasonable in the relevant sense, and there is a real connection between the legislative instrument and the statutory purposes. Thus, item 5 is not invalid.

Court Disposition

Application dismissed

Orders

  • ['The application for a declaration that item 5 of section 32 of the Management Plan is invalid is dismissed.']