Tasmanian Aboriginal Centre Inc v Secretary, Department of Primary Industries, Parks, Water and Environment (No 2)

The Tasmanian Aboriginal Centre Inc sought an interlocutory injunction against the Secretary, Department of Primary Industries, Parks, Water and Environment to prevent the respondents from opening three tracks in the Western Tasmania Aboriginal Cultural Landscape (WTACL) to recreational vehicles and to manage the area in certain ways. The applicant claimed that the respondents' actions would have a significant impact on the national heritage values of the WTACL. The court was required to determine whether the respondents' proposal constituted an "action" under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), whether it was a "governmental authorisation" within the meaning of the Act, and whether it was likely to cause a "significant impact" on the national heritage values of the WTACL. The court found that the respondents' proposal was an action, not a governmental authorisation, and it was likely to have a significant impact on the national heritage values of the WTACL. The court relied on expert evidence and the unique cultural significance of the WTACL to Aboriginal people, which was protected under the Act. The court concluded that the respondents' proposal would result in physical alterations to the landscape, interfere with evidence of the way of life of the ancestors of Aboriginal people, and damage the integrity and character of the landscape.

The court discharged the interlocutory injunction granted by Kerr J on 23 December 2014 and ordered the respondents to pay the applicant's costs of and incidental to the proceeding, including any reserved costs. The court found that the respondents' proposal to open tracks to recreational vehicles and manage the area in certain ways was likely to have a significant impact on the national heritage values, being indigenous heritage values, of the WTACL contrary to s 15B(4) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The court's decision highlighted the importance of protecting the cultural heritage of Aboriginal people and the need to consider the potential impact of development proposals on heritage values.