Rainforest Reserves Australia Inc v Minister for the Environment and Water

Rainforest Reserves Australia Inc, an environmental charity, sought judicial review of a decision by the Minister for the Environment and Water to approve the construction, operation, and decommissioning of wind turbine generators for the Gawara Baya Wind Farm, located near the UNESCO-listed Wet Tropics World Heritage Area in North Queensland. The charity contended that the approval would harm endangered and protected species of birds and bats, and that it contravened Australia’s international obligations under specified bilateral treaties with Japan, China, and the Republic of Korea, which prohibit the "taking" of protected migratory birds and their eggs. The key issues for the court to decide were whether the approval was inconsistent with Australia’s international obligations, whether the approved actions exceeded those proposed, and whether certain conditions attached to the approval rendered the decision uncertain.

The court examined these issues in detail. Regarding the international obligations, the court held that the approval did not contravene Australia’s treaty obligations because the treaties did not explicitly prohibit the incidental death of birds caused by wind turbines. The court also concluded that the approval did not exceed the actions proposed to the Minister, and that the conditions attached to the approval were not uncertain as they were clear and necessary for mitigating potential harm to protected species. The court found that the decision was properly exercised within the statutory framework of the EPBC Act, and that the concerns raised by the applicant did not establish any grounds for judicial review.

The court dismissed the application, finding that the grounds for review were not established. It directed the parties to file submissions on the question of costs, with specific deadlines for filing and serving those submissions. The court further noted that the costs would be determined on the papers unless a party requested a hearing.