Re National Parks and Nature Conservation Authority; Ex Parte McGregor & Anor

[2001] WASCA 368

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Certiorari
3. › Discretionary refusal of relief
4. › Delay in seeking relief
5. › Existence of alternative remedy
6. › Whether relief should be refused despite finding of denial of procedural fairness
1. Administrative Law
2. › Procedural fairness
3. › Natural justice
4. › Right to be heard
5. › Commercial and financial interests
6. › Whether decision affecting economic interests of licence holder in direct and immediate way gives rise to obligation to afford procedural fairness
7. › Conservation and Land Management Act 1984 (WA), ss 99, 101
1. Administrative Law
2. › Procedural fairness
3. › Legitimate expectation
4. › Whether expressions of interest process and grant of licence gave rise to legitimate expectation that only one licence would be granted
5. › Whether legitimate expectation that procedural fairness would be afforded before competing licence granted
1. Administrative Law
2. › Licences
3. › Construction of licence
4. › Whether licence exclusive
5. › Whether conditions permitting variation and denying exclusive access precluded construction as exclusive licence
6. › Conservation and Land Management Act 1984 (WA), s 101

Quick Take

A holder of a commercial licence whose financial interests are directly and immediately affected by the grant of a competing licence is entitled to procedural fairness before the competing licence is granted, even where the original licence is not exclusive. However, the discretionary remedies of certiorari and declarations may be refused where there has been significant delay in seeking relief and alternative proceedings for damages exist. The precautionary principle does not dictate a specific outcome in environmental licensing decisions; the weight to be given to it is a matter for the decision-maker's discretion.