The Federal Court held that a delegate failed to comply with the mandatory obligation under s 391(1) of the EPBC Act to take account of the precautionary principle when deciding whether an action was a controlled action. The Court found that the delegate must actively consider whether there are threats of serious or irreversible environmental damage (the first condition precedent) before determining whether an action will have a significant impact, and cannot simply assert that the principle was considered without demonstrating intellectual engagement with its requirements.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
1 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.