Australia

Anvil Hill Project Watch Association v. Minister for the Environment and Water Resources (Federal Court of Australia, 2008)

Jurisdiction: Australia


Side A: Anvil Hill Project Watch Association (Ngo)


Side B: Minister for the Environment and Water Resources (Government)


Core objectives:

Challenge to government approval of an of an open coal mine


Summary
Under section 75(1) of the Environmental Protection and Biodiversity Conservation Act, the Commonwealth Minister is to assess if a proposed action is a "controlled action." The Anvil Hill Project Watch Association challenged the decision by the Minister that the proposed construction of an open coal mine was not a "controlled action." The court ruled that section 75(1) did not require an objective factual determination by the Minister of whether an action is considered a "controlled action" or not.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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