Nature Conservation Council of New South Wales Inc v The Minister Administering the Water Management Act 2000 (No 2)

The Nature Conservation Council of New South Wales Inc (the applicant) sought judicial review of a decision made by the Minister administering the Water Management Act 2000 (NSW) (the respondent). The dispute concerned the respondent's decision to approve a development proposal, which the applicant contended was unlawful. The matter was heard by the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the respondent had properly considered and applied the provisions of the *Water Management Act 2000* (NSW) and the *Environmental Planning and Assessment Act 1979* (NSW) in granting the development approval. Specifically, the court was required to determine if the Minister had taken into account all relevant considerations and disregarded irrelevant ones, and whether the decision-making process was otherwise lawful.

The Court of Appeal dismissed the appeal. The reasoning of the court, as indicated by the orders made, suggests that the applicant failed to demonstrate that the Minister's decision was legally flawed. The court found no grounds to interfere with the Minister's exercise of discretion or the application of the relevant statutory provisions. The decision to dismiss the appeal without an order as to costs indicates that the court did not find exceptional circumstances to depart from the usual rule that costs follow the event, or that the appeal was without merit.