North Coast Environment Council -V- National Parks And Wildlife Service & Ors [1999] NSWLEC 1

North Coast Environment Council -V- National Parks And Wildlife Service & Ors [1999] NSWLEC 1

Interlocutory relief was warranted because there were serious questions to be tried on at least whether s 91(2) of the TSC Act created jurisdictional facts and whether an irrelevant political consideration was taken into account in granting the licence. The other grounds were not shown at this stage to raise serious...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 January 1999
Procedural Posture
Class 4 Proceedings for Judicial Review and Injunctive Relief Concerning Validity of a General Licence / Interlocutory Application for Restraint Pending Final Hearing
Outcome
Interlocutory relief granted; costs reserved; exhibits may be returned.
Legal Topics
['threatened Species' 'protected Fauna' 'general Licence to Harm Fauna' 'judicial Review' 'interlocutory Injunction' 'serious Question to Be Tried' 'balance of Convenience']
['environmental Law' 'administrative Law'] ['threatened Species' 'protected Fauna' 'general Licence to Harm Fauna' 'judicial Review' 'interlocutory Injunction' 'serious Question to Be Tried' 'balance of Convenience']

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Procedural Posture

Class 4 Proceedings for Judicial Review and Injunctive Relief Concerning Validity of a General Licence / Interlocutory Application for Restraint Pending Final Hearing

Legal Issues

  1. 1 ['Whether the applicant had shown a serious question to be tried as to the validity of General Licence No GL:F378GD issued under s 120(1)(a) of the NPWS Act and affected by s 91(2) of the TSC Act.' 'Whether s 91(2) of the TSC Act stated jurisdictional facts or merely matters for the authorised officer to take into account.' 'Whether the authorised officer arguably took into account an irrelevant consideration involving political imperatives or governmental direction.' 'Whether the authorised officer failed to take into account the efficacy of the proposed disturbance activities, or made a manifestly unreasonable decision.' 'Whether condition 8 of the licence required prior written consent of the owner of the Maclean Rainforest Reserve.' 'Whether the balance of convenience favoured interlocutory restraint of disturbance activities affecting flying foxes near Maclean High School.']

Ratio Decidendi

Interlocutory relief was warranted because there were serious questions to be tried on at least whether s 91(2) of the TSC Act created jurisdictional facts and whether an irrelevant political consideration was taken into account in granting the licence. The other grounds were not shown at this stage to raise serious questions. The balance of convenience favoured restraint because there was no sufficient urgency requiring immediate disturbance activities, there was evidence of potential trauma to flying foxes and no health threat, delay by the applicant was not sufficient to refuse relief, and the absence of an undertaking as to damages was not decisive because the respondents were...

Court Disposition

Interlocutory relief granted; costs reserved; exhibits may be returned.

Orders

  • ['Until further order, the second and third respondents, by themselves, their servants, agents and contractors be and they are hereby restrained from carrying out any activities with the object of causing flying foxes in the vicinity of Maclean High School to move away from the school.' 'Until further order, the...