Anderson v Director-General of the Department of Environment and Climate Change

The case of *Anderson v Director-General of the Department of Environment and Climate Change* involved an appeal to the New South Wales Court of Appeal concerning the Director-General's decision to issue a consent to destroy Aboriginal objects. The appellants, who were Aboriginal people, argued that the Director-General had failed to properly consider the principle of inter-generational equity when making this decision, which they contended would lead to the destruction of a significant area of their ancestors' heritage.

The central legal issue before the Court of Appeal was whether the Director-General had adequately considered the principle of inter-generational equity, as mandated by the *National Parks and Wildlife Act 1974* (NSW) and the *Protection of the Environment Administration Act 1991* (NSW). This principle requires that the present generation ensure the environment is maintained or enhanced for the benefit of future generations. The appellants argued that the Director-General had misdirected himself regarding this principle and had failed to properly consider the cumulative impact of the development on local Aboriginal heritage.

The Court of Appeal dismissed the appeal, upholding the primary judge's finding that the Director-General had given proper, genuine, and realistic consideration to inter-generational equity. The Court reasoned that the Director-General's decision-making process, as evidenced by the material before the court, involved considering the significance of the land to the Aboriginal people and their overall interests. The Court affirmed that judicial review is an evaluative process and that the decision-maker had not failed to take into account relevant considerations, nor had they impermissibly reviewed the merits of the decision. The appeal was dismissed with costs.