Save the Ridge Inc v Commonwealth of Australia [2005] FCA 17

Save the Ridge Inc v Commonwealth of Australia [2005] FCA 17

Proposing and making amendments to the National Capital Plan, and granting works approvals, do not constitute 'actions' for purposes of the Environment Protection and Biodiversity Conservation Act 1999; therefore, the activities challenged by the applicant are not subject to the Act's environmental assessment provisions.

Jurisdiction
Australia
Judgment Date
20 January 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
claims dismissed
Legal Topics
['amendment of National Capital Plan' "definition of 'action' Under EPBC Act" 'planning Approvals' 'works Approvals']
['environmental Law' 'administrative Law'] ['amendment of National Capital Plan' "definition of 'action' Under EPBC Act" 'planning Approvals' 'works Approvals']

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

Judicial Review / Final Judgment

Legal Issues

  1. 1 ["Whether activities by the National Capital Authority relating to amendments to the National Capital Plan constitute 'action' for purposes of the Environment Protection and Biodiversity Conservation Act 1999" "Whether amendments to the National Capital Plan (Amendment 41 and 46) or granting works approvals constitute 'actions' under the EPBC Act"]

Ratio Decidendi

Proposing and making amendments to the National Capital Plan, and granting works approvals, do not constitute 'actions' for purposes of the Environment Protection and Biodiversity Conservation Act 1999; therefore, the activities challenged by the applicant are not subject to the Act's environmental assessment provisions.

Court Disposition

claims dismissed

Orders

  • ["The separate questions are answered in the negative: none of the activities or amendments constitute 'action' for the purposes of the EPBC Act." 'The applicant cannot succeed in any part of its claims in this proceeding.']