Mees v David Kemp in his capacity as Minister for the Environment and Heritage

(2005) 218 ALR 283; [2005] FCAFC 5

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Reasons for decision
4. › Sufficiency of reasons under s 13 ADJR Act
5. › Whether reasons incomplete for failing to address submission
6. › Whether time for filing application began to run
7. › Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 11, 13
1. Administrative Law
2. › Judicial review
3. › Time limits
4. › Extension of time
5. › Discretionary refusal to extend time unchallenged on appeal
6. › Administrative Decisions (Judicial Review) Act 1977 (Cth), s 11(1)(c)
1. Environment Law
2. › Environmental Protection and Biodiversity Conservation Act 1999 (Cth)
3. › Referral of proposed action
4. › Decision that proposed action not controlled action
5. › Reconsideration of decision under s 78
6. › Whether judicial finding constitutes 'substantial new information'
7. › Meaning of 'information'
8. › Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 75, 78
1. Environment Law
2. › Environmental Protection and Biodiversity Conservation Act 1999 (Cth)
3. › Controlled action
4. › Adverse impacts under s 75(2)
5. › Whether indirect or secondary environmental impacts of proposed action must be considered
6. › Whether likelihood of consequential decision to construct additional link relevant

Quick Take

A judicial finding or opinion about the likelihood of consequential actions does not constitute 'information' about environmental impacts for the purposes of s 78(1)(a) of the EPBC Act. Persons seeking reconsideration of a controlled action decision must identify factual material (not judicial opinions) that is both 'new' and 'substantial'. Reasons for decision under s 13 of the ADJR Act need not explain why a particular submission was not addressed; the absence of reference to a matter is itself sufficient to indicate it was not considered or was regarded as irrelevant.