Re The Honourable G D Kierath, Minister for Heritage; Ex Parte City of Fremantle

[2000] WASCA 156

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Ultra vires
4. › Irrelevant considerations
5. › Minister taking into account economic considerations not relevant to statutory criteria
6. › Heritage of Western Australia Act 1990 (WA), s 47
1. Statutes
2. › Statutory construction
3. › Exhaustive or inclusive criteria
4. › Whether statutory criteria for ministerial decision are exhaustive
5. › Subject matter, scope and purpose of Act
6. › Use of extrinsic materials
7. › Heritage of Western Australia Act 1990 (WA), s 47, s 49, s 50, s 52, s 53, s 54
1. Administrative Law
2. › Judicial review
3. › Ministerial discretion
4. › Scope of discretion under heritage legislation
5. › Whether Minister confined to heritage criteria at registration stage
6. › Whether Minister may receive submissions from outside sources
7. › Heritage of Western Australia Act 1990 (WA), s 47
1. Administrative Law
2. › Prerogative writs
3. › Certiorari and mandamus
4. › Whether mandamus should issue to compel Minister to reconsider
5. › Whether duty to consider Heritage Council advice within reasonable time

Quick Take

Under s 47(1) of the Heritage of Western Australia Act 1990, the Minister for Heritage is confined to cultural heritage significance criteria when deciding whether to direct entry of a place on the Register. Economic considerations, including the impact on the owner or the community, are not relevant at the s 47 stage but may be taken into account at later stages under ss 49, 52, or s 11. The Minister may receive submissions from sources other than the Heritage Council, but may only have regard to those portions relevant to the heritage criteria in s 47(1).