Williams v Minister for the Environment and Heritage [2003] FCA 535

Williams v Minister for the Environment and Heritage [2003] FCA 535

The Minister failed to give proper, genuine, and realistic consideration to the significance of the specified area under Aboriginal tradition, separate from the wider Lake Cowal area, amounting to a failure to take a relevant consideration into account as required by law. Accordingly, the decision was invalid and had to be set aside.

Parties
Applicant: Neville Williams; First Respondent: Minister for the Environment and Heritage; Second Respondent: Barrick Australia Limited
Jurisdiction
Australia
Judgment Date
30 May 2003
Procedural Posture
Judicial Review / Final Judgment and Orders
Outcome
Minister's decision set aside and application remitted for reconsideration; costs awarded to applicant and second respondent.
Legal Topics
Judicial Review of Administrative Decisions, Relevant Considerations, Wednesbury Unreasonableness, Aboriginal Heritage Protection
Administrative Law Judicial Review of Administrative Decisions Relevant Considerations Wednesbury Unreasonableness Aboriginal Heritage Protection

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Parties

Neville Williams

Applicant

Minister for the Environment and Heritage

First Respondent

Barrick Australia Limited

Second Respondent

Procedural Posture

Judicial Review / Final Judgment and Orders

Legal Issues

  1. 1 Whether the Minister failed to take into account a relevant consideration in refusing a declaration under s 9 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.
  2. 2 Whether the Minister's decision was so unreasonable as to warrant being set aside.

Ratio Decidendi

The Minister failed to give proper, genuine, and realistic consideration to the significance of the specified area under Aboriginal tradition, separate from the wider Lake Cowal area, amounting to a failure to take a relevant consideration into account as required by law. Accordingly, the decision was invalid and had to be set aside.

Court Disposition

Minister's decision set aside and application remitted for reconsideration; costs awarded to applicant and second respondent.

Orders

  • Declaration that the Minister's decision of 9 December 2002 refusing a s 9 declaration is invalid.
  • Minister's decision is set aside.