-
NOTE
QUEENSLAND CONSERVATION COUNCIL INC V MINISTER
FOR THE ENVIRONMENT AND HERITAGE
[2003] FCA 1463 ('NATHAN DAM CASE')
Nicole Sommer
I. INTRODUCTION
The Nathan Dam Case case involved judicial review of a decision
made under s 75 of the Environment Protection and Biodiversity Conservation
Act 1999 (Cth) ('EPBC Act') by the Commonwealth Minister for Environment
and Heritage ('the Minister') to permit the construction of a major
dam to facilitate the irrigation of 30,000 ha of agricultural land.
The Minister decided that the construction and operation of the
dam on a tributary of the Fitzroy River, which flows into the Great
Barrier Reef World Heritage Area ('GBRWHA'), would not be likely
to have a significant impact on the world heritage values of this
area. Justice Kiefel in the Federal Court overturned the Minister's
decision on the basis that the Minister failed to consider all relevant
impacts.
|
