Re Michael; Ex Parte Wmc Resources Ltd

(2003) 27 WAR 574; [2003] WASCA 288

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Prohibition
3. › Jurisdictional error
4. › Regulator proposing to act beyond statutory function
5. › Whether application premature given draft decision stage
6. › Whether rights sufficiently affected
7. › Declaratory relief granted in lieu of prerogative relief
1. Contract
2. › Agreement ratified by statute
3. › Whether provisions of ratified agreement have force of law
4. › Distinction between statutory validation of contract and imposition of statutory obligations
5. › Whether contractual provision purporting to limit application of future legislation enforceable
6. › Goldfields Gas Pipeline Agreement Act 1994 (WA), s 4(3)
7. › Government Agreements Act 1979 (WA), s 3
1. Constitutional Law
2. › Parliamentary sovereignty
3. › Whether Parliament can bind future Parliaments
4. › Whether contractual provision between State and private parties can bind Parliament to future legislative course
5. › Whether ratification of agreement by statute gives contractual terms force of law
1. Energy and Resources
2. › Gas pipelines
3. › Third party access
4. › National Third Party Access Code for Natural Gas Pipeline Systems 1997
5. › Covered Pipeline
6. › Assessment of proposed Access Arrangement by Regulator
7. › Whether Regulator's jurisdiction circumscribed by State Agreement clause
8. › Gas Pipelines Access (Western Australia) Act 1998 (WA), s 97(4)

Quick Take

Provisions in Western Australian State development agreements ratified by statute under the Government Agreements Act 1979 (WA) or specific ratifying Acts do not have the force of law merely by virtue of ratification; they remain contractual provisions binding only on the parties. Contractual provisions purporting to limit the application of future legislation to a project cannot be enforced as binding contractual obligations because they would require binding future Parliaments. Section 97(4) of the Gas Pipelines Access (Western Australia) Act 1998 (WA) preserves the existing operation of clause 21(3) of the Goldfields Gas Pipeline Agreement but does not elevate it to statutory force. The question of to whom the joint venturers must demonstrate material adverse effect under clause 21(3) was left open.