Margarula v Minister for Environment

Case [1999] FCA 730

FEDERAL COURT OF AUSTRALIA

Margarula v Minister For Environment [1999] FCA 730

ADMINISTRATIVE LAW – Judicial Review – Proposal to mine and export uranium ore – Decision of Environment Minister not to direct an inquiry into environmental aspects of proposal – Conduct of Environment Minister in accepting further information relating to aspects of proposal – Conduct of Environment Minister in requesting independent review of aspects of proposal – Decision of Environment Minister to advise Resources Minister that proposal could proceed with no significant threat to environment provided certain recommendations complied with – Resources Minister’s decision to accept Environment Minister’s advice and recommendations – Whether decisions reviewable – Whether final or operative or determinative – Whether substantive – Whether conduct reviewable – Whether “conduct for the purpose of making a decision” – Whether reviewable conduct must be that of decision‑maker – Whether in order for recommendation to be a reviewable decision it must be a “condition precedent” to making of decision.

Administrative Decisions (Judicial Review) Act 1977, ss 3, 5, 6

Environment Protection (Impact of Proposals) Act 1974 ss 8, 11
Customs (Prohibited Exports) Regulations, reg 11

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied
Salerno v National Crime Authority (1997) 75 FCR 133 cited
Hutchins v Commissioner of Taxation (1996) 65 FCR 269 cited
Knuckey v Federal Commissioner of Taxation (1997) 97 ATC 4911 cited
Schokker v Commissioner of Taxation (1998) 82 FCR 113 cited
Australian Securities Commission v Deloitte Touche Tohmatsu (1996) 70 FCR 93 cited
Tasmanian Conservation Trust Inc v Minister for Resources (1995) 55 FCR 516 cited
Randwick City Municipal Council v Minister for the Environment [1998] FCA 1376 considered
Minister for Immigration v Ozmanian (1996) 71 FCR 1 cited
Aboriginal Land Council v Aboriginal and Torres Strait Island Commission (1995) 59 FCR 369 applied
Century Metals and Mining NL v Yeomans (1988) 85 ALR 29 considered
Chan v Minister for Immigration (1989) 169 CLR 381 distinguished
Minister for Aboriginal Affairs v Peko‑Wallsend Ltd (1986) 162 CLR 24 cited
Merman v Comptroller‑General of Customs (1988) 16 ALD 88 considered
Carltona Ltd v Commissioner of Works [1943] 2 All E R 560 cited
Botany Bay City Council v Minister for Transport (unreported, 30 November 1998) considered
Ross v Costigan (1982) 41 ALR 319 applied
Edelsten v Health Insurance Commission (1990) 27 FCR 56 applied
Steiner v Attorney‑General (Cth) (1983) 52 ALR 148 cited
Tasmanian Conservation Trust Inc v Minister for Resources (1995) 59 FCR 369

YVONNE MARGARULA v MINISTER FOR ENVIRONMENT, MINISTER FOR RESOURCES AND ENERGY and ENERGY RESOURCES OF AUSTRALIA LTD

VG 437 OF 1998

SUNDBERG J
1 JUNE 1999
MELBOURNE


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VG 437 of 1998

BETWEEN:

YVONNE MARGARULA
Applicant

AND:

MINISTER FOR ENVIRONMENT
First Respondent

MINISTER FOR RESOURCES AND ENERGY
Second Respondent

ENERGY RESOURCES OF AUSTRALIA LTD
Third Respondent

JUDGE:

SUNDBERG J

DATE OF ORDER:

1 JUNE 1999

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.The first and second respondents’ Notice of Objection to Competency…

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Details
AGLC
Margarula v Minister for Environment [1999] FCA 730
Case
[1999] FCA 730
Decision Date

CaseChat Overview and Summary

The case of Margarula v Minister for Environment involved the applicant challenging the decisions of the Environment Minister and the Resources Minister regarding a proposal to mine and export uranium ore. The dispute reached the court as the applicant sought judicial review of the Environment Minister’s decisions, which included not directing an inquiry into the environmental aspects of the proposal, accepting further information relating to the proposal, requesting an independent review, and advising the Resources Minister that the proposal could proceed with certain recommendations. The applicant also challenged the Resources Minister’s decision to accept the Environment Minister’s advice and recommendations. The court was required to determine whether these decisions were reviewable, whether they were final or operative, whether they were substantive, and whether the conduct of the Environment Minister was reviewable.

The court examined the nature of the decisions and whether they were reviewable under administrative law principles. It considered whether the decisions were final or operative and whether they constituted a substantive decision. The court also analysed whether the conduct of the Environment Minister was reviewable and whether it constituted "conduct for the purpose of making a decision." Additionally, the court had to decide if a recommendation could be considered a reviewable decision only if it was a "condition precedent" to the making of the decision.

The court concluded that the decisions were substantive and reviewable, but not final or operative in the context of judicial review. It found that the conduct of the Environment Minister was reviewable and did constitute "conduct for the purpose of making a decision." The court further determined that a recommendation did not need to be a "condition precedent" to be a reviewable decision if it influenced the decision-making process.

The final orders of the court included upholding the objections to competency filed by the respondents, with certain exceptions, and ordering the applicant to pay two-thirds of the respondents' costs of and incidental to the objections.

Orders

Orders of the court

1. The first and second respondents’ Notice of Objection to Competency filed 11 November 1998 be upheld save as to paragraph 6 thereof.

2. The applicant pay two thirds of the first and second respondents’ costs of and incidental to the Notice of Objection.

3. The third respondent’s Notice of Objection to Competency filed 6 November 1998 be upheld save as to paragraph 6 thereof.

4. The applicant pay two thirds of the third respondent’s costs of and incidental to the Notice of Objection.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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