Australian Heritage Commission v Mount Isa Mines Ltd

The Australian Heritage Commission (AHC) sought judicial review of a decision by the Minister for Resources to grant an exemption under section 10 of the *World Heritage Properties Conservation Act 1983* (Cth) (the Act) to Mount Isa Mines Ltd (MIM). The exemption permitted MIM to undertake certain activities at the Lawn Hill National Park, which had been declared a World Heritage property. The AHC contended that the Minister's decision was invalid because it had not been made in accordance with the procedural requirements of the Act, specifically that the Minister had failed to obtain the AHC's advice before granting the exemption.

The central legal issue before the Full Federal Court was whether the Minister was legally obliged to obtain the advice of the Australian Heritage Commission before granting an exemption under section 10 of the *World Heritage Properties Conservation Act 1983* (Cth). The AHC argued that the Minister's failure to do so rendered the exemption invalid. MIM, as the respondent, contended that the Minister had a discretion to seek advice and was not bound to do so in all circumstances.

The Court held that the Minister was not legally obliged to obtain the advice of the AHC before granting an exemption under section 10 of the Act. The Court interpreted the language of section 10(2) as conferring a discretion upon the Minister to seek advice, rather than imposing a mandatory requirement. The Court reasoned that the Act did not contain clear words to indicate that the Minister's power to grant an exemption was conditional upon obtaining the AHC's advice. Therefore, the Minister's decision to grant the exemption without seeking the AHC's advice was not a jurisdictional error.

The appeal was dismissed.