Tasmanian Conservation Trust Inc. v. Minister for Resources & Anor [1994] FCA 945

Tasmanian Conservation Trust Inc. v. Minister for Resources & Anor [1994] FCA 945

Appendix 3 is not relevant to the determination of whether the second respondent's proposal will affect the environment to a significant extent, due to temporal and evidentiary gaps between the report and the current proposal.

Parties
Applicant: Tasmanian Conservation Trust Incorporated; First Respondent: Minister for Resources; Second Respondent: Anor (Second Respondent)
Jurisdiction
Australia
Judgment Date
17 November 1994
Procedural Posture
Judicial Review / Evidentiary Ruling
Outcome
Tender of appendix 3 rejected
Legal Topics
Tendering of Evidence, Relevance of Evidence, Environmental Impact Assessment
Environmental Law Administrative Law Tendering of Evidence Relevance of Evidence Environmental Impact Assessment

Case Brief

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Parties

Tasmanian Conservation Trust Incorporated

Applicant

Minister for Resources

First Respondent

Anor (Second Respondent)

Second Respondent

Procedural Posture

Judicial Review / Evidentiary Ruling

Legal Issues

  1. 1 Whether tendered document (appendix 3) is relevant to the issue of significant environmental effect by the second respondent's proposal

Ratio Decidendi

Appendix 3 is not relevant to the determination of whether the second respondent's proposal will affect the environment to a significant extent, due to temporal and evidentiary gaps between the report and the current proposal.

Court Disposition

Tender of appendix 3 rejected

Orders

  • The tender of the material at pages 332 to 337 (appendix 3) is rejected.