By Dan Star QC -
Key decisions
- Triabunna Investments Pty Ltd v Minister for Environment and Energy
[2019] FCAFC 60 - Minister for Home Affairs v Hunt [2019] FCAFC 58
- Mango Boulevard Pty Ltd v Whitton [2019] FCA 490
- OPENetworks Pty Ltd v Myport Pty Ltd [2019] FCA 486
Administrative and environment law
Judicial review under the EPBC Act
In Triabunna Investments Pty Ltd v Minister for Environment and Energy [2019] FCAFC 60 (15 April 2019) the Full Court heard an appeal from the dismissal of a judicial review proceeding in relation to a decision by the delegate of the Minister under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (‘EPBC Act’). The subject matter of the appeal was an exercise of power by the delegate under s 75 of the EPBC Act, which allowed for the establishment and operation of a salmon farm at Okehampton Bay in Tasmania.