Blue Wedges Inc v Minister for the Environment, Heritage and the Arts

Blue Wedges Inc sought a declaration that the Minister’s approval of a project to deepen shipping channels at Port Phillip Heads, Port Phillip Bay and the Yarra River was unlawful. The argument was based on the claim that the approval was based on an assessment of a different project to the one approved. The Federal Court was asked to review the decision of the Minister under the Environment Protection and Biodiversity Conservation Act 1999. The Court had to determine whether the project approved by the Minister was the same as the one assessed and, if not, whether that rendered the approval unlawful.

The Court considered whether there were significant differences between the project in the Referral and the project that was the subject of the Approval Decision. It found that while there were some differences, they did not alter the fundamental nature of the project, which was the deepening of shipping channels. The Court rejected the argument that the differences necessitated a new assessment process, holding that the differences did not amount to a different action under the Act. The Court also found that the process had adequately considered the impact on Commonwealth marine areas, thus the approval was not flawed on that ground either.

The Court concluded that the approval process was lawful and that the differences between the project in the Referral and the one approved did not invalidate the Minister's decision. The application by Blue Wedges Inc was dismissed.

ORDERS:
1. The application is dismissed.