Tasmanian Conservation Trust Inc v Minister for Resources & Anor [1996] FCA 25

Tasmanian Conservation Trust Inc v Minister for Resources & Anor [1996] FCA 25

The court held that the Environment Protection (Impact of Proposals) Act 1974 (Cth) and Administrative Procedures did not require designation or environmental assessment of Gunns' earlier long-term proposal in 1995, as only the annual licence for 1995 was under consideration. The procedural requirements were...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 February 1996
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
['judicial Review of Administrative Decisions' 'environmental Impact Assessment' 'export Licences' 'designation of Proponent']
['administrative Law' 'environmental Law'] ['judicial Review of Administrative Decisions' 'environmental Impact Assessment' 'export Licences' 'designation of Proponent']

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Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether approval-in-principle of long-term project must be considered in acting under the Environment Protection (Impact of Proposals) Act 1974 (Cth)' 'Whether review of approval-in-principle available under the Administrative Decisions (Judicial Review) Act 1977 (Cth)' "Meaning of 'decisions' in s.5(d) of the Environment Protection (Impact of Proposals) Act 1974 (Cth)" 'Whether an unlawful failure to designate a proponent under clause 1.2.1. of the Administrative Procedures' 'Whether an unlawful failure to make an environmental impact statement or public environment report when designating a proponent' "Meaning of 'matters affecting the environment to a significant extent' in s.5(1)"]

Ratio Decidendi

The court held that the Environment Protection (Impact of Proposals) Act 1974 (Cth) and Administrative Procedures did not require designation or environmental assessment of Gunns' earlier long-term proposal in 1995, as only the annual licence for 1995 was under consideration. The procedural requirements were properly carried out regarding the 1995 licence, and no unlawful omission occurred.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' 'Each party shall abide his or its own costs of the proceedings.']