Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Dattilo & Anor (No.2)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, brought proceedings against Dattilo & Anor. The dispute concerned the validity of a notice issued under section 184 of the *Environment Protection and Biodiversity Conservation Act 1999* (Cth) (EPBC Act) and the subsequent actions taken by the Commonwealth. The matter came before Smith J of the Federal Court of Australia.

The primary legal issues before the Court were whether the notice issued under section 184 of the EPBC Act was validly served on the respondents, and consequently, whether the Commonwealth had lawful authority to enter the respondents' land and undertake certain works. The Court was required to consider the proper interpretation of the service provisions within the EPBC Act and any relevant regulations.

Smith J found that the notice had not been validly served on the respondents in accordance with the requirements of the EPBC Act and its associated regulations. The Court reasoned that strict compliance with the statutory requirements for service was essential for the validity of such a notice and the subsequent actions taken by the Commonwealth. As the service provisions were not met, the notice was deemed ineffective, and the Commonwealth's actions were therefore unlawful. The Court made orders accordingly.