Minister for the Environment & Heritage v Greentree [2003] FCA 857

Minister for the Environment & Heritage v Greentree [2003] FCA 857

The interim injunction should continue, with variations, because the respondents conceded there was a serious issue to be tried as to contravention of s 16 of the Act, the evidence supported an inference that the declared Ramsar wetland area had been deliberately ploughed under, there remained at least a possibility and probably a reasonable possibility of substantial remediation, further cultivation for wheat would significantly impair remediation, and the respondents called no evidence enabling the Court to assess any adverse economic impact as outweighing those factors.

Jurisdiction
Australia
Judgment Date
08 August 2003
Procedural Posture
Application for Injunction Under S 475 of the Environment Protection and Biodiversity Conservation Act 1999 (cth) / Respondents' Application to Dissolve Interim Injunction Granted on 31 July 2003; Further Directions
Outcome
Application to dissolve the interim injunction dismissed; interim injunction varied and continued until further order; directions made for amended application, evidence and further directions hearing.
Legal Topics
['interim Injunction' 'declared Ramsar Wetlands' 'significant Impact on Ecological Character' 'balance of Convenience' 'wetland Remediation and Rehabilitation' 'land Clearing, Ploughing and Cropping Activities']
['environment Law'] ['interim Injunction' 'declared Ramsar Wetlands' 'significant Impact on Ecological Character' 'balance of Convenience' 'wetland Remediation and Rehabilitation' 'land Clearing, Ploughing and Cropping Activities']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Injunction Under S 475 of the Environment Protection and Biodiversity Conservation Act 1999 (cth) / Respondents' Application to Dissolve Interim Injunction Granted on 31 July 2003; Further Directions

Legal Issues

  1. 1 ['Whether there was a serious issue to be tried as to whether the respondents engaged in conduct constituting a contravention of s 16 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).' 'Whether the balance of convenience favoured dissolving or continuing the interim injunction restraining activities affecting the Windella component of the Gwydir Wetlands.' 'Whether the injunction should be varied and the applicant directed to file an amended application seeking remedial relief under s 475(3) of the Act.']

Ratio Decidendi

The interim injunction should continue, with variations, because the respondents conceded there was a serious issue to be tried as to contravention of s 16 of the Act, the evidence supported an inference that the declared Ramsar wetland area had been deliberately ploughed under, there remained at least a possibility and probably a reasonable possibility of substantial remediation, further cultivation for wheat would significantly impair remediation, and the respondents called no evidence enabling the Court to assess any adverse economic impact as outweighing those factors.

Court Disposition

Application to dissolve the interim injunction dismissed; interim injunction varied and continued until further order; directions made for amended application, evidence and further directions hearing.

Orders

  • ['The application to dissolve the interim injunction granted on 31 July 2003 be dismissed.' 'The interim injunction granted on 31 July 2003 be varied from the date of these orders so that each respondent is restrained, directly or through agents or servants, from land clearing, ploughing or cropping activities,...