Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Uren & Ors (No.2)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, brought proceedings against Uren and others. The dispute concerned the validity of certain decisions made by the Minister under the *Environment Protection and Biodiversity Conservation Act 1999* (Cth) (EPBC Act) in relation to a proposed development. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to approve the proposed development, subject to certain conditions, was vitiated by a failure to consider relevant considerations or by taking into account irrelevant considerations, as alleged by the applicants. Specifically, the applicants contended that the Minister failed to properly consider the environmental impact of the development on a particular species and that the Minister's decision was influenced by extraneous factors.

In its reasoning, the Court examined the scope of the Minister's decision-making power under the EPBC Act and the principles of administrative law concerning the proper exercise of statutory discretions. The Court applied the established legal principles that a decision-maker must take into account all relevant considerations and must not take into account irrelevant considerations. The Court analysed the evidence before the Minister and the material that was before the Minister at the time of the decision, concluding that the Minister had, in fact, considered the relevant environmental impacts and had not been improperly influenced by irrelevant matters. The Court found that the Minister's decision was within the bounds of the statutory discretion conferred by the EPBC Act.

The Court therefore dismissed the application for judicial review.