Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Lam

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, was the applicant in proceedings before the Federal Court of Australia concerning a dispute with the respondent, Mr. Lam. The core of the disagreement involved the validity of a notice issued under section 184 of the *Environment Protection and Biodiversity Conservation Act 1999* (Cth) (EPBC Act).

The primary legal issue before the Court was whether the notice issued by the delegate of the Minister for Infrastructure and Regional Development, requiring Mr. Lam to provide further information regarding a proposed development, was validly issued. This question turned on whether the delegate had reasonably formed the belief that the information sought was necessary to determine whether the proposed action was a controlled action.

The Court considered the scope of the Minister's power under section 184 of the EPBC Act, which allows for the request of further information if the Minister believes it is necessary to decide if a proposed action is a controlled action. The Court found that the delegate's belief must be objectively reasonable, based on the material before the delegate at the time the notice was issued. The Court analysed the information that had been provided by Mr. Lam and the information that was requested, concluding that the delegate had a rational basis for believing that the additional information was necessary for the proper assessment of the environmental impact of the proposed development.

The application was dismissed.