Save the Ridge Inc v Commonwealth

Save the Ridge Inc initiated legal proceedings against the Commonwealth, contending that the government's proposed construction of the Extension and its amendment of the National Capital Plan would significantly impact the environment. The case was heard in the High Court of Australia. The central legal issues revolved around whether the proposed construction and the amendment to the National Capital Plan constituted "action" under the Environment Protection and Biodiversity Conservation Act 1999, and if so, whether such action might have a significant environmental impact.

The Court examined the nature of the activities proposed by the Commonwealth. It held that while the construction of the Extension could potentially have a significant impact on the environment, the executive or quasi-legislative activity of amending the National Capital Plan was unlikely to result in a significant environmental impact. The Court found that the mere preparation and promulgation of amendments to the National Capital Plan could not have a significant impact on the environment. Consequently, it was deemed futile to allow an action to proceed to determine whether such activity might have a significant impact. The Court concluded that the appeal should be dismissed with costs.

The Court issued specific orders regarding the appeal. It allowed the appeal in part, set aside the answer to the first preliminary question given by the primary judge, and substituted a new answer stating that it was inappropriate to answer the question. The appeal was dismissed in all other respects. The Court also directed that any submissions on the costs of the appeal be filed within fourteen days.