Australian Heritage Commission v Mount Isa Mines Ltd

The Australian Heritage Commission appealed to the High Court of Australia against a decision of the Full Court of the Federal Court concerning the entry of a place in the Register of the National Estate. The dispute centred on the power of the Commission to make such entries and the legal basis upon which that power could be exercised.

The High Court was required to determine whether the Commission's power to enter a place in the Register of the National Estate was dependent on its own subjective view that the place was part of the national estate, or whether it required an objective ascertainment of a jurisdictional fact, which would be subject to judicial review.

The Court reasoned that the power to enter a place in the Register under section 23 of the *Australian Heritage Commission Act 1975* (Cth) was not unfettered. It held that the Commission must determine, according to law, that a place is part of the national estate as defined by the Act. This determination is not a matter of subjective opinion but involves an objective assessment of whether the criteria for inclusion are met, making the jurisdictional fact subject to judicial review. The appeal was allowed, and the orders of the Full Court were varied to reflect this interpretation of the Commission's power.