Your Water Your Say Inc. v. Minister for the Environment, Heritage & the Arts (Federal Court of Australia, 2008)
Side A: Your Water You Say Inc. (Ngo)
Side B: Minister for the Environment, Heritage and the Arts (Government)
Challenge to federal agency decision to exclude certain environmental assessments in approving a desalination plant proposal
An Australian federal court upheld a federal agency decision to exclude certain environmental assessments in approving a desalination plant proposal. A community organization asserted that the agency failed to consider linkages between additional GHG emissions and potential adverse impacts on matters protected by the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act). The federal court held that the agency had considered (and dismissed) the impact of GHG emissions on matters protected by the BPBC Act, and had thus acted in accordance with the requirements of the Act.