The Court held that a decision-maker's disagreement with objectors' views about Aboriginal cultural significance does not constitute failure to give proper consideration where extensive consultation occurred and all relevant material was reviewed. The Court confirmed that intergenerational equity requires consideration of cumulative impacts on Aboriginal heritage but found this satisfied where the decision-maker assessed regional site preservation and conservation measures. The Court rejected arguments that a decision-maker must obtain every potentially relevant document where substantial material addressing the same issues was already considered.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.