Haig v Min Administering National Parks & Wildlife Service Act

The High Court of Australia considered the dispute between Haig and the Minister Administering the National Parks and Wildlife Service Act. The case concerned the validity of a notice issued by the Minister under section 102 of the *National Parks and Wildlife Act 1974* (NSW) to acquire land for the purposes of a national park. Haig challenged the Minister's power to issue this notice, arguing it was invalid.

The central legal issue before the High Court was whether the Minister's power to acquire land under section 102 of the *National Parks and Wildlife Act 1974* (NSW) was conditioned upon the land being suitable for inclusion in a national park, or whether the Minister's subjective satisfaction as to the suitability of the land was sufficient to exercise that power. The Court also had to determine the scope of judicial review in relation to such administrative decisions.

The Court reasoned that the power conferred by section 102 was not unfettered. It held that the Minister's satisfaction that the land was suitable for inclusion in a national park must be based on reasonable grounds. While the Minister's subjective satisfaction was a prerequisite, it was not determinative if that satisfaction was not reasonably held. The Court applied principles of administrative law, emphasizing that administrative powers must be exercised for the purpose for which they are conferred and that decisions based on a misapprehension of the relevant facts or an improper consideration of irrelevant factors could be invalid. The Court found that the Minister had failed to properly consider the suitability of the land for inclusion in a national park, rendering the notice invalid.