Blue Mountains Conservation Society Inc v Director-General of National Parks and Wildlife & (2) Ors [2004] NSWLEC 196

Blue Mountains Conservation Society Inc v Director-General of National Parks and Wildlife & (2) Ors [2004] NSWLEC 196

The approval and consent granted for commercial filming in a declared wilderness area constitute a licence to use the land, are inconsistent with the management principles of wilderness areas and expressly prohibited by s 153A of the NP&W Act; thus, the grant of approval and consent was unlawful.

Parties
Applicant: Blue Mountains Conservation Society Inc; First Respondent: Director-General of National Parks and Wildlife; Second Respondent: Minister for Environment and Conservation; Third Respondent: AFG Talons Productions Pty Ltd
Jurisdiction
Australia
Judgment Date
29 April 2004
Procedural Posture
Judicial Review / Final Determination
Outcome
Application allowed; approval and consent set aside; injunction granted; costs awarded to applicant.
Legal Topics
Consent to Use Wilderness Area, Commercial Film Production in National Park, Judicial Review of Administrative Decision, Licensing and Regulation Under Np&w Act
Environmental Law Administrative Law Consent to Use Wilderness Area Commercial Film Production in National Park Judicial Review of Administrative Decision Licensing and Regulation Under Np&w Act

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Parties

Blue Mountains Conservation Society Inc

Applicant

Director-General of National Parks and Wildlife

First Respondent

Minister for Environment and Conservation

Second Respondent

AFG Talons Productions Pty Ltd

Third Respondent

Procedural Posture

Judicial Review / Final Determination

Legal Issues

  1. 1 Legality of consent and approval for commercial filming in declared wilderness area of national park
  2. 2 Whether the activity contravenes management principles of wilderness areas
  3. 3 Validity of licences and consents under National Parks and Wildlife Act in wilderness areas

Ratio Decidendi

The approval and consent granted for commercial filming in a declared wilderness area constitute a licence to use the land, are inconsistent with the management principles of wilderness areas and expressly prohibited by s 153A of the NP&W Act; thus, the grant of approval and consent was unlawful.

Court Disposition

Application allowed; approval and consent set aside; injunction granted; costs awarded to applicant.

Orders

  • Declaration that approval and consent were unlawful and are set aside.
  • Order restraining respondents from granting any licence, franchise or authority for the stated activities.