VAW (Kurri Kurri) Pty Ltd v Scientific Committee

The case of VAW (Kurri Kurri) Pty Ltd v Scientific Committee concerned a challenge to the Scientific Committee's final determination to list an endangered ecological community under the *Threatened Species Conservation Act 1995* (NSW). VAW (Kurri Kurri) Pty Ltd, the applicant, sought to invalidate this determination. The appeal was heard by Spigelman CJ, Beazley and Hodgson JJA of the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the Scientific Committee had complied with the procedural requirements of the Act in making its final determination, and whether the determination itself was valid. Specifically, the court considered whether the Committee had adequately advertised its reasons for the determination, whether the published reasons were sufficient, and whether the final determination was sufficiently certain. The court also examined whether the Committee had failed to comply with the statutory provision for nominations and, if so, whether an alternative power could still support the listing. Finally, the court addressed whether there was a reasonable apprehension of bias.

The Court of Appeal found that the Scientific Committee had substantially complied with the statutory requirements. The published reasons, while restating the statutory formula, were considered sufficient in context, and the final determination was sufficiently certain. The court held that even if there was a technical non-compliance with the nomination process, the Committee possessed an alternative power to make the determination, and the consequences under this alternative power were not materially different. The court also dismissed the claim of apprehended bias.

The appeal was dismissed, and the applicant was ordered to pay the costs of the proceedings.