PMT Partners Pty Ltd v Director of National Parks and Wildlife

PMT Partners Pty Ltd (PMT) sought judicial review of a decision by the Director of National Parks and Wildlife (the Director) to refuse its application for a licence to conduct commercial whale watching tours in Jervis Bay. The Federal Court of Australia heard the matter.

The primary legal issue before the court was whether the Director's decision to refuse the licence was affected by an error of law, specifically whether the Director took into account irrelevant considerations or failed to take into account relevant considerations when making the decision. PMT argued that the Director had improperly considered the potential impact of whale watching tours on the whale population and the broader marine environment, and had failed to consider the economic benefits of the proposed tours.

McHugh J found that the Director had acted within his statutory powers and that the considerations taken into account were relevant to the Director's statutory duty to manage the national park and protect its wildlife. His Honour held that the potential impact on the whale population and the marine environment were clearly relevant considerations for the Director. Furthermore, the Director was not obliged to consider the economic benefits of the proposed tours, as this was not a factor mandated by the relevant legislation. The Director's decision was therefore not vitiated by an error of law.

The application for judicial review was dismissed.