Australian Conservation Foundation Incorporated v Minister for the Environment and Energy
Jurisdiction: Federal Court of Australia
Side A: Australian Conservation Foundation Incorporated (Ngo)
Side B: Australia Minister for the Environment and Energy (Government)
Side B: Adani (Corporation)
The Act requires consideration of the proposal in connection with, among other things, its effects upon the environment. There is a prohibition upon the taking of action that has, will have, or is likely to have a significant impact on the environment. The ACF claimed that the Minister made an error of law in failing to consider the effect of emissions from transport by rail, shipping, and combustion of the product coal overseas, in characterising these emissions as “not a direct consequence of the proposed action,” and in failing to consider or apply the precautionary principle in relation to the possible impacts on relevant matters of national environmental significance. The court upheld the lower court’s findings that the Minister’s reasons reflected a proper discharge of his statutory duty in a judgement issued on August 25, 2017.