Forestry Commission v. Helsham, M.M. & Ors [1987] FCA 683

Forestry Commission v. Helsham, M.M. & Ors [1987] FCA 683

The definition of 'qualifying area' in the Act includes areas partly within the specified regions and is not limited to those wholly within. The Commission is not required to proceed strictly sequentially through s.8(1)(a)-(e), except as to the priority required by s.8(5), and has discretion over its own procedures provided it is fair to the parties. The applicant's narrower interpretation of the Act and requirement for an initial definitive identification of qualifying areas are not supported.

Parties
Applicant: Forestry Commission; First Respondents: Michael Manifold Helsham, Robert Henry Wallace, Peter Phillip Hitchcock; Second Respondent: Commonwealth of Australia; Third Respondents: The Australian Conservation Foundation, Wilderness Society Inc. & Tasmanian Conservation Trust Inc.
Jurisdiction
Australia
Judgment Date
26 November 1987
Procedural Posture
Application for Relief Under S.39 B of the Judiciary Act 1903 / Final Judgment
Outcome
application dismissed
Legal Topics
Statutory Interpretation, Natural Justice, Powers and Duties of Commissions, World Heritage Obligations
Administrative Law Environmental Law Statutory Interpretation Natural Justice Powers and Duties of Commissions World Heritage Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Forestry Commission

Applicant

Michael Manifold Helsham, Robert Henry Wallace, Peter Phillip Hitchcock

First Respondents

Commonwealth of Australia

Second Respondent

The Australian Conservation Foundation, Wilderness Society Inc. & Tasmanian Conservation Trust Inc.

Third Respondents

Procedural Posture

Application for Relief Under S.39 B of the Judiciary Act 1903 / Final Judgment

Legal Issues

  1. 1 Meaning of 'qualifying area' in Lemonthyme and Southern Forests (Commission of Inquiry) Act 1987
  2. 2 Requirements of natural justice in the procedures of the Commission of Inquiry
  3. 3 Whether the Commission is obliged to proceed sequentially through s.8(1) (a)-(e)

Ratio Decidendi

The definition of 'qualifying area' in the Act includes areas partly within the specified regions and is not limited to those wholly within. The Commission is not required to proceed strictly sequentially through s.8(1)(a)-(e), except as to the priority required by s.8(5), and has discretion over its own procedures provided it is fair to the parties. The applicant's narrower interpretation of the Act and requirement for an initial definitive identification of qualifying areas are not supported.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the costs of the Commonwealth of Australia.