Muli Muli Local Aboriginal Land Council v Kyogle Shire Council

The Muli Muli Local Aboriginal Land Council (the Land Council) sought judicial review of a decision by Kyogle Shire Council (the Council) to grant development consent for a quarry. The dispute concerned the proper interpretation and application of the *Environmental Planning and Assessment Act 1979* (NSW) and the *Local Government Act 1993* (NSW) in relation to the Council's decision-making process. The matter was heard by Gummow and Hayne JJ of the High Court of Australia.

The primary legal issue before the High Court was whether the Council had failed to take into account a relevant consideration, namely the potential impact of the quarry on Aboriginal heritage, when granting development consent. The Land Council argued that the Council's assessment process was flawed because it did not adequately consider the cultural and spiritual significance of the land to the Aboriginal people, as required by relevant legislation and planning instruments.

Gummow and Hayne JJ reasoned that the Council's duty to consider relevant matters under the *Environmental Planning and Assessment Act 1979* extended to matters of Aboriginal heritage. They found that the Council's decision-making process, as evidenced by the Council's own report, had not given sufficient weight to the concerns raised by the Land Council regarding the potential impact on Aboriginal heritage sites. The Court emphasised that a failure to properly consider a relevant consideration, even if the ultimate decision was within the Council's power, could render the decision invalid.

The High Court allowed the appeal, quashed the development consent granted by the Council, and remitted the matter back to the Council for reconsideration according to law.