Greentree v Minister for Environment and Heritage

FEDERAL COURT OF AUSTRALIA

Greentree v Minister for the Environment and Heritage [2005] FCAFC 128

ENVIRONMENT – Ramsar Convention – clearing of designated wetland – whether purported designation by the Commonwealth of a wetland pursuant to Art 2 of the Ramsar Convention was effective for the purposes of s 17(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether clearing of land had a ‘significant impact on the ecological character of a declared Ramsar wetland’ within s 16(1) of the Act – whether penalties imposed excessive

Statutes

Acts Interpretation Act 1901 (Cth) s 15AB(2)(d)

Crimes Act 1914 (Cth) s 4AA(1)

Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 16, 17(1), 528, 3(1), 3(2), 17(2), 326(1), 327, 481(3)

Cases

Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Foll

Australian Competition and Consumer Commission v Dimmays Stores Pty Ltd (1999) ATPR 41-716 Cited

Commonwealth v Tasmania (1983) 158 CLR 1 Cited

Dietrich v The Queen (1992) 177 CLR 292 Cited

Koowarta v Bjelke Petersen (1984) 153 CLR 168 Cited

Minister for Foreign Affairs and Trade v Magno (1992) 37 FCR 298 Cited

Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Cited

Queensland v Commonwealth (1989) 167 CLR 232 Cited

Richardson v Forestry Commission (1988) 164 CLR 261 Dist

Other Authorities

Convention on Wetlands of International Importance especially as Waterfowl Habitat (signed at Ramsar, Iran on 2 February 1971) Articles 1, 2, 3, 8
Vienna Convention on the Law of Treaties, 1155 UNTS 331 (signed at Vienna, 23 May 1969) Article 31

RONALD GREENTREE and AUEN GRAIN PTY LTD v MINISTER FOR THE ENVIRONMENT AND HERITAGE
NSD 1591 of 2004

KIEFEL, WEINBERG AND EDMONDS JJ
SYDNEY
13 JULY 2005

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1591 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

RONALD GREENTREE
FIRST APPELLANT

AUEN GRAIN PTY LTD
SECOND APPELLANT

AND:

MINISTER FOR THE ENVIRONMENT AND HERITAGE
RESPONDENT

JUDGES:

KIEFEL, WEINBERG AND EDMONDS JJ

DATE OF ORDER:

13 JULY 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.        The appellants pay the respondent’s costs of the appeal.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES  DISTRICT REGISTRY	NSD 1591 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

RONALD GREENTREE
FIRST APPELLANT

AUEN GRAIN PTY LTD
SECOND APPELLANT

AND:

MINISTER FOR THE ENVIRONMENT AND HERITAGE
RESPONDENT

JUDGES:	KIEFEL, WEINBERG AND EDMONDS JJ
DATE:	13 JULY 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

KIEFEL J:

1. On 14 October 2004 Sackville J made orders restraining the first and second appellants from carrying out activities, including farming activities, in connexion with a portion of the declared wetlands known as the Ramsar Gwydir Wetlands located within a property known as ‘Windella’ and requiring them to undertake certain remedial…