Port Phillip Scallops Pty Ltd v Minister for Agriculture

In the case of Port Phillip Scallops Pty Ltd v Minister for Agriculture, the plaintiff sought an order in the nature of mandamus to compel the Minister to make a further quota order or a draft further quota order for their commercial dive fishery operations. The matter was heard in the Supreme Court of Victoria. The plaintiff, a commercial scallop fisherman, argued that the Minister had a statutory obligation to make a further quota order under the Fisheries Act 1995 (Vic) and that the Minister's failure to do so was unlawful.

The central legal issue the court had to decide was whether the statutory provision in question imposed a mandatory obligation on the Minister to make a further quota order or whether the Minister's power was discretionary. The plaintiff contended that the statutory language mandated the Minister to make a further quota order once an initial quota order had been made, whereas the Minister argued that the statutory power was discretionary. The court needed to interpret the relevant statutory provision to determine the nature of the Minister's obligation.

The court held that the statutory provision did indeed impose a mandatory obligation on the Minister to make a further quota order once an initial quota order had been made. The court relied on the principle of statutory interpretation that where the language of a statute is clear, it must be given effect to as written. The court found that the statutory language did not permit the Minister to decline making a further quota order once an initial quota order had been made. Consequently, the court issued an order in the nature of mandamus commanding the Minister to make and publish a further quota order for the Scallop Dive (Port Phillip Bay) fishery for the period 1 April 2015 to 31 March 2016 on or before 25 May 2015. The court's decision was consistent with the reasoning in Cuming Campbell Investments Pty Ltd v Collector of Imposts (Vic).

The final orders of the court required the Minister to make and publish a further quota order for the Scallop Dive (Port Phillip Bay) fishery for the specified period within the stipulated timeframe.