Collett v ACT Planning and Land Authority (Administrative Review)

Collett brought an application for administrative review against the ACT Planning and Land Authority regarding its decision to approve a development proposal for the construction of a crematorium adjacent to the Callum Brae Nature Reserve. The central issue was whether the proposed development would have, or was likely to have, a significant impact on the Swift Parrot, a species listed as 'critically endangered' under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth). The Minister had previously determined that the proposal was not a 'controlled action' as it was unlikely to significantly impact any protected matters, including Swift Parrots. However, the sighting of a large number of Swift Parrots in the reserve in May 2021 raised questions about the validity of the Minister's determination. The Tribunal found the issue to be real and not merely colourable, but concluded it did not have the jurisdiction to decide the matter.

The legal issues before the court included whether the Tribunal had the authority to review the Minister's determination and to decide if the proposed development would significantly impact the Swift Parrot. The court had to consider the scope of its jurisdiction under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and the implications of the Minister's prior determination. The court also had to determine if it could direct the respondent to refer the matter to the Commonwealth Department of Climate Change, Energy, the Environment and Water for further consideration. The court found that while the issue was significant, it fell outside the Tribunal's jurisdiction to decide.

Given that the matter involved protected species and required expert environmental assessment, the court granted the respondent's application. The court ordered that the respondent refer the matter to the Commonwealth Department for consideration, and adjourned the proceeding until further order. The decision underscored the importance of jurisdictional boundaries and the need for specialised environmental assessments in matters concerning endangered species and significant developments.