Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Incorporated

The case of Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Incorporated involved the dispute over the proposed designation of the Western Tasmania Aboriginal Cultural Landscape as a National Heritage place, and the Tasmanian Government's proposal to open three tracks in the area to recreational vehicles. The case was heard in the Federal Court of Australia. The primary legal issue was whether the Tasmanian Government's proposal to open the three tracks constituted an "action" under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), and if so, whether it would require approval under the Act.

The court found that the Tasmanian Government's proposal to open the three tracks constituted an "action" under the Act, as it involved a series of activities carried out over a particular time period. The court rejected the argument that the proposed actions were not "actions" because they were closely connected with the designation of the area as a National Heritage place. The court held that the distinction between the decision to designate an area as a National Heritage place and the consequent actions taken within that area is clear under the Act, and that the proposed actions were not exempt from the Act's requirements. The court also noted that the Explanatory Memorandum to the Act confirms that decisions to grant approval for another person to take an action are not themselves actions, but the actions taken under the approval are.

The court further held that the proposed actions would have a significant impact on the National Heritage values of the area, and therefore required approval under the Act. The court rejected the argument that the Minister's decision to include the area in the National Heritage List was itself an "action" under the Act, and that the proposed actions were merely a consequence of that decision. The court held that the Minister's decision was a separate step from the proposed actions, and that the Act requires approval for the proposed actions, not just the decision to designate the area as a National Heritage place.

In conclusion, the court held that the Tasmanian Government's proposal to open the three tracks in the Western Tasmania Aboriginal Cultural Landscape constituted an "action" under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), and required approval under the Act. The court rejected the argument that the proposed actions were not "actions" because they were closely connected with the designation of the area as a National Heritage place, and held that the distinction between the decision to designate an area as a National Heritage place and the consequent actions taken within that area is clear under the Act. The court also held that the proposed actions would have a significant impact on the National Heritage values of the area, and therefore required approval under the Act.