Tasmanian Conservation Trust Inc v Minister for Resources

In Tasmanian Conservation Trust Inc v Minister for Resources, the Federal Court of Australia was asked to review the Minister's decision to grant a licence to Gunns Ltd to export woodchips from Tasmania. The Trust, an environmental organisation, sought to challenge the decision on the basis that the Minister had failed to comply with the requirements of the Environment Protection (Impact of Proposals) Act 1974. The court found that the Minister had failed to designate Gunns as a proponent of the proposed action, as required by the Administrative Procedures under the Act. This failure was due to the Minister not considering whether the proposed action affected the environment to a significant extent, which is a necessary condition for the Administrative Procedures to apply. The court concluded that the Minister's decision was erroneous and set aside the decision to grant the export licence to Gunns Ltd. The court also found that the Trust had standing to bring the proceedings under the Administrative Decisions (Judicial Review) Act 1977.