Recent Cases

Friends of the Gelorup Corridor Inc v Minister for the Environment and Water [2023] FCAFC 139 (22 August 2023) (Jackson, Feutrill and Kennett JJ)


ENVIRONMENT LAW – appeal of decision dismissing application for judicial review of decision to approve a controlled action under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – where proposal involving clearing of vegetation likely to impact listed threatened species and ecological communities – whether certain conditions of approval had effect of postponing the substantial evaluation task required by the Act – whether delegate considered the precautionary principle in accordance with the Act – grounds of appeal not made out – appeal dismissed