Northern Inland Council for the Environment Inc v Minister for the Environment, Heritage and Water

Northern Inland Council for the Environment Inc brought an action against the Minister for the Environment, Heritage and Water, seeking judicial review of the Minister's decision to approve a proposal for a coal seam gas exploration project. The court was required to determine whether the Minister's decision was lawful, rational and procedurally fair. The applicant argued that the Minister failed to take into account relevant matters in making the decision and that the conditions imposed on the approval were uncertain. The court considered whether the Minister had taken into account all relevant matters, and if not, whether that failure rendered the decision unlawful. The court also examined whether the conditions of the approval were uncertain, which would render the decision invalid.

The court found that the question of whether the Minister had taken into account relevant matters was a question of fact, which was not for the court to determine in an interlocutory injunction application. The court considered the argument that even if the Minister had taken into account irrelevant matters, it would not necessarily render the decision unlawful. The court found that the argument raised a serious question to be tried, but was not particularly strong. The court also found that the argument regarding the uncertainty of the conditions was not hopeless, but also did not consider it to be particularly strong. The court concluded that the application for interlocutory injunction relief was not made out.

The court dismissed the application and made no orders for costs. The Minister was not required to show that the decision was lawful, rational and procedurally fair at this stage of the proceedings. The court found that the applicant had not established a serious question to be tried on the merits of the case. The applicant was at liberty to raise the issues again at the trial of the matter.