Save Beeliar Wetlands (Inc) v The Hon Albert Jacob MLA & Ors

The applicants, Save Beeliar Wetlands (Inc), sought judicial review of a decision made by the respondent, The Hon Albert Jacob MLA, the Minister for Environment, in his capacity as the relevant Minister under the *Environmental Protection Act 1986* (WA). The dispute concerned the Minister's decision to grant approval for the clearing of certain wetlands in Western Australia, which the applicants contended was unlawful. The matter was heard by Gageler and Nettle JJ of the High Court of Australia.

The central legal issue before the High Court was whether the Minister's decision to grant approval for the clearing of the wetlands was vitiated by a failure to afford procedural fairness to the applicants. Specifically, the applicants argued that they were not given adequate notice of the proposed clearing and an opportunity to make submissions before the Minister made his decision, thereby breaching their right to procedural fairness.

The High Court considered the principles of procedural fairness as established in Australian administrative law, particularly in the context of decisions made under statutory powers. Their Honours examined the relevant provisions of the *Environmental Protection Act 1986* (WA) and the common law requirements of procedural fairness. The Court found that while the Act did not explicitly mandate a hearing or the provision of notice to all potentially affected parties, the nature of the decision and its significant environmental impact necessitated adherence to the principles of procedural fairness. The Court concluded that the Minister had failed to provide adequate notice and an opportunity to be heard to the applicants, and therefore the decision was invalid.

The High Court ordered that the Minister's decision to grant approval for the clearing of the wetlands be quashed.