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.