Cockburn Cement Ltd v The Minister for Environment (WA)

[2011] WASC 260

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Conditions imposed on environmental licence
5. › Whether condition requiring compliance after licence expiry was within power
6. › Whether condition reasonably capable of being regarded as related to purpose of licence
7. › Environmental Protection Act 1986 (WA), ss 57, 58, 59, 62, 102
1. Administrative Law
2. › Judicial review
3. › Certiorari
4. › Order absolute in first instance
5. › Whether necessary for advancement of justice
6. › Rules of the Supreme Court 1971 (WA), O 56 r 1(6)
1. Practice and Procedure
2. › Costs
3. › Special costs orders
4. › Power to make special costs orders after orders perfected and extracted
5. › Deemed liberty to apply within 30 days
6. › Rules of the Supreme Court 1971 (WA), O 66 r 51(2)
7. › Legal Profession Act 2008 (WA), s 280(2)
1. Practice and Procedure
2. › Costs
3. › Special costs orders
4. › Discretion to make special costs orders
5. › Whether inadequacy of costs determination arose from unusual difficulty, complexity or importance of matter
6. › Legal Profession Act 2008 (WA), s 280(2)

Quick Take

Conditions imposed on environmental licences under the Environmental Protection Act 1986 (WA) must be reasonably capable of being regarded as related to the purpose of the licence; a condition requiring compliance after the licence's expiry is beyond power. O 66 r 51(2) of the Rules of the Supreme Court 1971 (WA) permits applications for special costs orders within 30 days even after orders have been perfected and extracted.