Argos Pty Ltd & Ors v Simon Corbell, Minister for the Environment and Sustainable Development & Ors

Argos Pty Ltd and others (the applicants) sought judicial review of a decision by the Minister for the Environment and Sustainable Development (the respondent) to refuse their application for a permit to construct and operate a waste management facility. The applicants contended that the Minister's decision was vitiated by jurisdictional error, arguing that the Minister had failed to consider relevant considerations and had taken into account irrelevant considerations in reaching his decision. The matter was heard by the High Court of Australia.

The central legal issue before the High Court was whether the Minister, in refusing the permit, had failed to take into account a mandatory consideration under section 149(1)(c) of the *Planning and Development Act 2007* (ACT). This provision required the Minister to consider any representations made to him regarding the application. The applicants argued that the Minister had not adequately considered the representations made by various stakeholders, including their own submissions, and that this failure constituted jurisdictional error.

The High Court, by majority, held that the Minister had not committed jurisdictional error. The Court reasoned that section 149(1)(c) did not impose a duty to give specific weight or detailed consideration to every representation made. Rather, it required the Minister to be aware of and to have regard to the substance of the representations. The majority found that the evidence demonstrated the Minister had been aware of the representations and had considered them in the context of the overall decision-making process, even if he did not agree with their content or grant the permit. The Court affirmed the principle that a failure to consider a mandatory consideration will only amount to jurisdictional error if the consideration is of such a nature that the decision-maker could not lawfully have made the decision without considering it.

The High Court dismissed the application for judicial review.