Williams v Director General National Parks and Wildlife Service and Ors. [2002] NSWLEC 235

Williams v Director General National Parks and Wildlife Service and Ors. [2002] NSWLEC 235

The applicant established a serious question to be tried, including a relatively strong case that the decision to issue the current s 87 Permit and s 90 Consent may have been affected by apprehended bias and by failure to give real and genuine consideration to relevant matters. The applicant would suffer significant irreparable harm if the Permit and Consent were acted on because the s 90 Consent authorised destruction of Aboriginal objects not collected under the Permit. Although the mining companies would suffer prejudice from delay, a fair balance was achieved by suspending the current Permit and Consent and restraining reliance on them while allowing limited exploratory drilling to...

Jurisdiction
Australia
Judgment Date
06 December 2002
Procedural Posture
Class 4 Proceedings Challenging the Validity of a S 87 Permit and S 90 Consent Issued Pursuant to the National Parks and Wildlife Act 1974 / Urgent Application for Interlocutory Injunction; Publication of Detailed Reasons for Orders Made on 3 December 2002
Outcome
Interlocutory relief granted in part; operation of the current s 87 Permit and s 90 Consent suspended until further order, with limited exploratory drilling permitted subject to conditions based on the earlier s 87 Permit and undertakings.
Legal Topics
['interlocutory Injunctions' 'national Parks and Wildlife Act Permits and Consents' 'aboriginal Objects' 'procedural Fairness' 'bias and Apprehended Bias' 'relevant and Irrelevant Considerations' 'native Title' 'balance of Convenience' 'irreparable Damage']
['environmental Law' 'administrative Law' 'aboriginal Cultural Heritage' 'judicial Review'] ['interlocutory Injunctions' 'national Parks and Wildlife Act Permits and Consents' 'aboriginal Objects' 'procedural Fairness' 'bias and Apprehended Bias' 'relevant and Irrelevant Considerations' 'native Title' 'balance of Convenience' 'irreparable Damage']

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Procedural Posture

Class 4 Proceedings Challenging the Validity of a S 87 Permit and S 90 Consent Issued Pursuant to the National Parks and Wildlife Act 1974 / Urgent Application for Interlocutory Injunction; Publication of Detailed Reasons for Orders Made on 3 December 2002

Legal Issues

  1. 1 ["Whether the applicant's challenge to the validity of the s 87 Permit and s 90 Consent raised a serious question to be tried." 'Whether the applicant would suffer irreparable damage unless interlocutory relief was granted.' 'Whether the balance of convenience favoured granting or withholding interlocutory relief.' 'Whether evidence concerning statements attributed to the decision-maker was capable of supporting an inference of apprehended bias by prejudgment.' 'Whether the decision-maker gave real and genuine consideration to the communicated opposition of Aboriginal communities and to pending applications concerning Aboriginal Place or emergency heritage protection declarations.']

Ratio Decidendi

The applicant established a serious question to be tried, including a relatively strong case that the decision to issue the current s 87 Permit and s 90 Consent may have been affected by apprehended bias and by failure to give real and genuine consideration to relevant matters. The applicant would suffer significant irreparable harm if the Permit and Consent were acted on because the s 90 Consent authorised destruction of Aboriginal objects not collected under the Permit. Although the mining companies would suffer prejudice from delay, a fair balance was achieved by suspending the current Permit and Consent and restraining reliance on them while allowing limited exploratory drilling to...

Court Disposition

Interlocutory relief granted in part; operation of the current s 87 Permit and s 90 Consent suspended until further order, with limited exploratory drilling permitted subject to conditions based on the earlier s 87 Permit and undertakings.

Orders

  • ['The operation of the s 87 Permit (No 1468), the s 90 Consent (No 1467) issued on behalf of the Director-General National Parks and Wildlife on 27 November 2002 each be suspended until further order.' 'The second and third Respondents, by themselves, their servants, agents and contractors be restrained from...