Chief Executive, Department of Environment, Science and Innovation v Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians Ltd

[2026] QCA 7

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Reviewable decisions
4. › Decision to which judicial review legislation applies
5. › Decision of an administrative character made under an enactment
6. › Second limb of Tang test
7. › Whether decision must affect rights of applicant or any person
8. › Whether decision not to exercise power confers, alters or affects legal rights or obligations
9. › Judicial Review Act 1991 (Qld), s 4(a)
1. Administrative Law
2. › Judicial review
3. › Reviewable decisions
4. › Decision not to exercise statutory power
5. › Whether decision not to commence proceedings under s 505 is reviewable
6. › Environmental Protection Act 1994 (Qld), ss 358, 505
1. Human Rights
2. › Human rights legislation
3. › Cultural rights of Aboriginal peoples
4. › Whether cultural rights under s 28 of Human Rights Act 2019 (Qld) are 'legal rights or obligations' for purposes of Tang second limb
5. › Whether rights are freestanding
6. › Whether decision not to issue environmental protection order affects cultural rights
7. › Human Rights Act 2019 (Qld), s 28
1. Human Rights
2. › Human rights legislation
3. › Interpretive provision
4. › Whether s 48 of Human Rights Act 2019 (Qld) assists in determining if decision falls within meaning of second limb of Tang
5. › Whether s 48 directs outcome of constructional choice or has remedial operation
6. › Human Rights Act 2019 (Qld), s 48

Quick Take

Cultural rights under s 28 of the HRA constitute 'legal rights or obligations' for the purposes of establishing that a government decision is reviewable under the JRA, even where the decision is a refusal to exercise a statutory power, provided the decision itself affects those cultural rights of Aboriginal peoples or Torres Strait Islander peoples.