Conservation Council of WA Inc v The Hon Stephen Dawson MLC, Minister for Environment; Disability Services

(2019) 240 LGERA 387; [2019] WASCA 102

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Planning and Environment
2. › Environmental impact assessment
3. › Proposals likely to have significant effect on environment
4. › EPA report recommending proposal not be implemented
5. › Appeal to Minister against EPA recommendation
6. › Dismissal of appeal
7. › Whether dismissal of appeal against negative recommendation precludes subsequent implementation decision
8. › Environmental Protection Act 1986 (WA), ss 44, 45, 100, 101, 109
1. Statutory Interpretation
2. › Construction of composite statutory phrase
3. › Meaning of 'otherwise than in accordance with the decision made on the appeal'
4. › Whether phrase requires strict conformity or broad compatibility
5. › Same phrase used in different provisions of same Act
6. › Whether presumption of consistent meaning displaced by context
7. › Environmental Protection Act 1986 (WA), s 45(6)(a)(ii)
1. Administrative Law
2. › Statutory powers
3. › Minister's powers on appeal from EPA report
4. › Whether Minister has power to decide whether proposal may be implemented on appeal
5. › Scope of appellate powers limited to those enumerated in statute
6. › Environmental Protection Act 1986 (WA), ss 100(1)(d), 101(1)(a), 101(1)(d), 109(3)

Quick Take

The dismissal by the Minister of an appeal against an EPA recommendation that a proposal not be implemented does not preclude the subsequent s 45 implementation decision-making process from permitting implementation of the proposal. The phrase 'otherwise than in accordance with the decision made on the appeal' in s 45(6)(a)(ii) requires only that the implementation process proceed consistently with the appeal decision, not that the appeal decision dictates the implementation outcome. The Minister's powers on appeal from an EPA report under s 100(1)(d) are confined to those in s 101(1)(a) and (d) and do not include a power to decide whether a proposal may be implemented.