Nature Conservation Council of NSW Inc v Minister Administering the Water Management Act 2000

The Nature Conservation Council of NSW Inc (the applicant) sought judicial review of a decision made by the Minister administering the Water Management Act 2000 (NSW) (the Minister) to approve a water sharing plan. The applicant contended that the Minister's decision was invalid due to a failure to comply with the procedural requirements of the *Water Management Act 2000* (NSW) and the *Water Management (General) Regulation 2004* (NSW). The matter was heard by the High Court of Australia.

The central legal issue before the High Court was whether the Minister had adequately considered and addressed the submissions made by the applicant and other stakeholders during the public exhibition period for the proposed water sharing plan. Specifically, the applicant argued that the Minister's purported consideration of submissions was superficial and did not constitute a genuine engagement with the concerns raised, thereby rendering the approval decision unlawful.

Gummow and Hayne JJ held that the statutory scheme required the Minister to genuinely consider the submissions received. Their Honours found that the evidence did not demonstrate that the Minister had undertaken such a consideration. The Minister's stated reasons for approving the plan did not reflect any substantive engagement with the specific objections and alternative proposals put forward by the applicant. Consequently, the Court concluded that the Minister had failed to fulfil the statutory obligation to consider the submissions, and the approval of the water sharing plan was therefore invalid. The High Court ordered that the applicant's appeal be allowed and the decision of the Minister be quashed.