Peko Wallsend Ltd & Ors v The Honourable B.Cohen & Ors [1986] FCA 611

Peko Wallsend Ltd & Ors v The Honourable B.Cohen & Ors [1986] FCA 611

The Executive's decision to nominate Stage 2 of Kakadu National Park for World Heritage listing violated natural justice, as the applicants were not provided reasonable notice or an opportunity to make submissions directly to the decision-making body (Cabinet) before the nomination, and their property interests were at risk.

Parties
Applicant: PEKO-WALLSEND LIMITED; Applicant: PEKO EXPLORATION LIMITED; Applicant: PEKO-WALLSEND OPERATIONS LIMITED; Applicant: ELECTROLYTIC ZINC CO. OF AUSTRALASIA LIMITED; First Respondent: THE HONOURABLE BARRY COHEN MINISTER FOR ARTS, HERITAGE AND ENVIRONMENT; Second Respondent: THE HONOURABLE LIONEL F. BOWEN, ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA; Third Respondent: THE COMMONWEALTH OF AUSTRALIA
Jurisdiction
Australia
Judgment Date
22 December 1986
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted
Legal Topics
Natural Justice, Judicial Review, Mining Rights, World Heritage Listing, Procedural Fairness
Administrative Law Property Law Natural Justice Judicial Review Mining Rights World Heritage Listing Procedural Fairness

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Parties

PEKO-WALLSEND LIMITED

Applicant

PEKO EXPLORATION LIMITED

Applicant

PEKO-WALLSEND OPERATIONS LIMITED

Applicant

ELECTROLYTIC ZINC CO. OF AUSTRALASIA LIMITED

Applicant

THE HONOURABLE BARRY COHEN MINISTER FOR ARTS, HERITAGE AND ENVIRONMENT

First Respondent

THE HONOURABLE LIONEL F. BOWEN, ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA

Second Respondent

THE COMMONWEALTH OF AUSTRALIA

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether decision by the Executive to nominate Stage 2 of Kakadu National Park for World Heritage listing was made in denial of natural justice.
  2. 2 Whether judicial review is available for a decision made under a statute in the context of an international convention.

Ratio Decidendi

The Executive's decision to nominate Stage 2 of Kakadu National Park for World Heritage listing violated natural justice, as the applicants were not provided reasonable notice or an opportunity to make submissions directly to the decision-making body (Cabinet) before the nomination, and their property interests were at risk.

Court Disposition

Application granted

Orders

  • Declare that the decision of the Executive made on 16 September 1986 to nominate Stage 2 of Kakadu National Park for inclusion on the World Heritage List is void.
  • Order that the respondents pay the applicants' costs.