Mineralogy Pty Ltd v Secretary of the Department of Infrastructure and Regional Development [2014] FCA 879

Mineralogy Pty Ltd v Secretary of the Department of Infrastructure and Regional Development [2014] FCA 879

The delegate lawfully approved CPPC's maritime security plan because s 51 of the Maritime Transport and Offshore Facilities Security Act 2003 (Cth) required an evaluative satisfaction that the plan adequately addressed the relevant Div 4 requirements, not rigid proof that every asserted detail had been included in a way dictated by Mineralogy. The missing port security officer details were matters for an accompanying document and were considered by the delegate in light of existing circumstances, including Mineralogy's failure to supply them. The consultation mechanism could be general and need not name Mineralogy specifically. CPPC was in fact operating the port facilities, which was the...

Jurisdiction
Australia
Judgment Date
20 August 2014
Procedural Posture
Judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth) of a Decision Approving a Maritime Security Plan / Amended Originating Application for Judicial Review
Outcome
Application dismissed.
Legal Topics
['approval of Maritime Security Plans' 'relevant and Irrelevant Considerations' 'error of Law' 'natural Justice' 'port Operator and Port Facility Operator Roles' 'maritime Transport and Offshore Facilities Security Act 2003 (cth)']
['administrative Law' 'judicial Review' 'maritime Security' 'procedural Fairness'] ['approval of Maritime Security Plans' 'relevant and Irrelevant Considerations' 'error of Law' 'natural Justice' 'port Operator and Port Facility Operator Roles' 'maritime Transport and Offshore Facilities Security Act 2003 (cth)']

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Procedural Posture

Judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth) of a Decision Approving a Maritime Security Plan / Amended Originating Application for Judicial Review

Legal Issues

  1. 1 ["Whether the Secretary's delegate was authorised under s 51 of the Maritime Transport and Offshore Facilities Security Act 2003 (Cth) to approve CPPC's maritime security plan despite alleged non-compliance with regs 3.105 and 3.130 of the Maritime Transport and Offshore Facilities Security Regulations 2003 (Cth)." "Whether the delegate failed to take into account relevant considerations, including Mineralogy's status as port operator, CPPC's legal entitlement to operate the facilities, and Mineralogy's draft maritime security plan." 'Whether the delegate took into account irrelevant considerations, including assumptions about Mineralogy not supplying port security officer details and representations concerning appointment of the Western Australian Department of Transport as port operator.' 'Whether the decision lacked evidence or material to justify it.' "Whether Mineralogy was denied natural justice before approval of CPPC's maritime security plan." 'Whether a port facility operator maritime security plan had to await or be subservient to an approved or draft port operator maritime security plan.']

Ratio Decidendi

The delegate lawfully approved CPPC's maritime security plan because s 51 of the Maritime Transport and Offshore Facilities Security Act 2003 (Cth) required an evaluative satisfaction that the plan adequately addressed the relevant Div 4 requirements, not rigid proof that every asserted detail had been included in a way dictated by Mineralogy. The missing port security officer details were matters for an accompanying document and were considered by the delegate in light of existing circumstances, including Mineralogy's failure to supply them. The consultation mechanism could be general and need not name Mineralogy specifically. CPPC was in fact operating the port facilities, which was the...

Court Disposition

Application dismissed.

Orders

  • ['The amended originating application for judicial review is dismissed.' 'The applicant do pay the costs of the respondents, to be taxed if not agreed.']