Innovative Reefs Pty Ltd and Minister for the Environment and Water

The Administrative Appeals Tribunal considered an application by Innovative Reefs Pty Ltd for a permit to place an artificial reef east of Main Beach, Queensland. The Minister for the Environment and Water opposed the application, contending that the proposal was contrary to the aims of the London Protocol and that, in any event, the Minister should exercise discretion under s 19(1) of the relevant Act to refuse the permit.

The Tribunal was required to determine two primary legal issues. First, whether the proposed artificial reef placement was contrary to the aims of the London Protocol, which requires Contracting States to protect and preserve the marine environment from all sources of pollution. This involved assessing whether the proposed placement was likely to result in harm, hazards, or hindrance to marine ecosystems, activities, or human health. Second, even if the proposal was not contrary to the London Protocol, the Tribunal had to consider whether to exercise its discretion under s 19(1) of the Act to refuse the grant of a permit.

The Tribunal reasoned that the Applicant had failed to provide sufficient independent expert evidence to satisfy it that the proposed artificial reef placement would not be contrary to the aims of the London Protocol. This absence of evidence was contrasted with expert reports provided by the Minister. The Tribunal found that the Applicant had not adequately addressed the potential for hazards to human safety and health, harm to marine ecosystems, hindrance to marine activities, or impairment of water quality. Furthermore, the Tribunal concluded that the Applicant demonstrated a manifest incapacity to ensure adequate short, medium, or long-term management of the proposal, including decommissioning.

Consequently, the Tribunal exercised its discretion under s 19(1) of the Act to refuse the grant of a permit. The Tribunal was satisfied that the proposed artificial reef placement was contrary to the aims of the London Protocol, meaning a permit could not be granted. Even if this finding were in error, the Tribunal would still refuse the permit due to the fundamental issues concerning long-term management and the Applicant's corporate structure, finding that proposed conditions would not remedy these problems.