Environment Council Of Central Queensland INC. v Minister for the Environment And Water & Anor Environment Council Of Central Queensland INC. v Minister for the Environment And Water & Anor

[2024] HCASL 201

ENVIRONMENT COUNCIL OF CENTRAL QUEENSLAND INC.

v

MINISTER FOR THE ENVIRONMENT AND WATER & ANOR

ENVIRONMENT COUNCIL OF CENTRAL QUEENSLAND INC.

v

MINISTER FOR THE ENVIRONMENT AND WATER & ANOR

[2024] HCASL 201
M50/2024
M51/2024

1. The applicant seeks special leave to appeal from a decision of the Full Court of the Federal Court of Australia (Mortimer CJ, Colvin and Horan JJ), dismissing an appeal from the Federal Court (McElwaine J).

2. An appeal in either case would not be an appropriate vehicle to determine the issue of principle concerning the interpretation of s 527E(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which was not decided by the Full Court. The applications otherwise have insufficient prospects of success to warrant the grant of special leave to appeal.

3. Special leave to appeal is refused with costs.

   Gageler CJ
   Gordon J
   Edelman J
   Steward J
   Gleeson J
   Jagot J
   Beech-Jones J

   8 August 2024