Parker v Minister for Sustainability, Environment, Water, Population and Communities [2012] FCAFC 94

Parker v Minister for Sustainability, Environment, Water, Population and Communities [2012] FCAFC 94

The Minister's legislative instrument, in substance, deleted from the live import list a wider category and replaced it with a narrower one, amounting to a deletion which did not require an environmental assessment under s 303EC(5), but even if it were an inclusion, the Minister had complied with the requirement to consider a relevant environmental assessment. The instrument was not invalid for unreasonableness as there was a real connection between the exclusion of cats with Serval genes and the protection of biodiversity under the EP Act.

Jurisdiction
Australia
Judgment Date
29 June 2012
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
['statutory Interpretation' 'environmental Assessment' 'delegated Legislation' 'unreasonableness as a Ground of Review']
['environmental Law' 'administrative Law'] ['statutory Interpretation' 'environmental Assessment' 'delegated Legislation' 'unreasonableness as a Ground of Review']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ["Whether the Minister's legislative instrument amending the live import list was an inclusion or a deletion for the purposes of s 303EC of the EP Act" 'Whether a relevant environmental assessment report was required or obtained under the EP Act for the amendment to the live import list' 'Whether the legislative instrument was invalid for unreasonableness']

Ratio Decidendi

The Minister's legislative instrument, in substance, deleted from the live import list a wider category and replaced it with a narrower one, amounting to a deletion which did not require an environmental assessment under s 303EC(5), but even if it were an inclusion, the Minister had complied with the requirement to consider a relevant environmental assessment. The instrument was not invalid for unreasonableness as there was a real connection between the exclusion of cats with Serval genes and the protection of biodiversity under the EP Act.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellants to pay the respondent's costs of the appeal."]