Australian Conservation Foundation Incorporated v Minister for the Environment and Energy

[2017] FCAFC 134

Full Court of the Federal Court25 August 2017

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Interrogate

Catchwords

1. appeal from a decision dismissing a judicial review challenge
1. alleged error by the Minister in failing to determine the “impact” of combustion emissions on the Great Barrier Reef
1. consideration of s 527E of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth)
1. appeal dismissed

Quick Take

The Minister is not required to make a formal determination of 'impact' under s 527E at the approval stage when challenged under the EPBC Act; the statutory definition primarily structures the assessment phase, and at the approval stage the Minister need only consider 'matters relevant to any protected matter' under s 136.