Wickerson v Conservator of Flora and Fauna

The matter before the Administrative Appeals Tribunal involved an application by Mr Wickerson to remove a regulated tree on his property. The Conservator of Flora and Fauna had refused the application, and Mr Wickerson sought internal review, which was also refused. The dispute was brought before the Tribunal by Mr Wickerson, who argued that the Conservator’s refusal was unreasonable. The Tribunal was required to determine whether the Conservator's decision was lawful and whether the decision was based on relevant and material considerations.

The central legal issue before the Tribunal was whether the Conservator's decision to refuse Mr Wickerson's application for approval to remove a regulated tree was unreasonable. The Tribunal considered whether the decision was made in accordance with the relevant statutory provisions and whether it was based on relevant and material considerations. The Tribunal also considered whether the decision-maker had given proper weight to the relevant factors and whether there had been any procedural unfairness in the decision-making process.

The Tribunal found that the Conservator's decision was unreasonable and set it aside. The Tribunal found that the decision was not based on all the relevant considerations and that the Conservator had not properly weighed the relevant factors. The Tribunal also found that there had been no procedural unfairness in the decision-making process. The Tribunal substituted its own decision in place of the Conservator's decision, approving the application for approval to remove the regulated tree. The Tribunal ordered that its decision take effect on 14 May 2018.