Noble v Department of Land and Water Conservation

In *Noble v Department of Land and Water Conservation and Anor* [1997] NSWCA 225, the New South Wales Court of Appeal considered a dispute between Mr Noble and the Department of Land and Water Conservation concerning the respondent's decision to refuse Mr Noble's application for a licence to occupy certain Crown land. Mr Noble sought to establish a grazing enterprise on this land.

The central legal issue before the Court of Appeal was whether the Department had acted unlawfully in refusing Mr Noble's licence application. Specifically, the Court had to determine if the Department had failed to take into account relevant considerations or had taken into account irrelevant considerations when making its decision, thereby rendering the decision invalid.

The Court of Appeal found that the Department had indeed failed to consider a crucial factor: the potential impact of Mr Noble's proposed grazing enterprise on the endangered species known as the broad-leafed sericea. The Department's decision-making process had not adequately addressed this environmental concern, which was a relevant consideration under the relevant legislation. Consequently, the Court held that the Department's decision was vitiated by error of law. The Court of Appeal upheld Mr Noble's appeal, setting aside the decision of the primary judge and remitting the matter to the Department for reconsideration according to law.