Wildlife Preservation Society of Queensland v Minister for Environment and Heritage

FEDERAL COURT OF AUSTRALIA
Wildlife Preservation Society of Queensland v Minister for Environment & Heritage [2005] FCA 1219
WILDLIFE PRESERVATION SOCIETY OF QUEENSLAND PROSERPINE/WHITSUNDAY BRANCH INC v MINISTER FOR THE ENVIRONMENT AND HERITAGE, BOWEN CENTRAL COAL MANAGEMENT PTY LTD AND QCOAL PTY LTD
QUD 216 of 2005
DOWSETT J
19 AUGUST 2005
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

QUD 216 OF 2005

BETWEEN:

WILDLIFE PRESERVATION SOCIETY OF QUEENSLAND PROSERPINE/WHITSUNDAY BRANCH INC
APPLICANT

AND:

MINISTER FOR THE ENVIRONMENT AND HERITAGE
FIRST RESPONDENT

BOWEN CENTRAL COAL MANAGEMENT PTY LTD
SECOND RESPONDENT

QCOAL PTY LTD
THIRD RESPONDENT

JUDGE:

DOWSETT J

DATE OF ORDER:

19 AUGUST 2005

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:
1.Bowen Central Coal Management Pty Ltd be joined as the second respondent.
2.QCoal Pty Ltd be joined as the third respondent.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

QUD 216 OF 2005

BETWEEN:

WILDLIFE PRESERVATION SOCIETY OF QUEENSLAND PROSERPINE/WHITSUNDAY BRANCH INC
APPLICANT

AND:

MINISTER FOR THE ENVIRONMENT AND HERITAGE
RESPONDENT

BOWEN CENTRAL COAL MANAGEMENT PTY LTD
SECOND RESPONDENT

QCOAL PTY LTD
THIRD RESPONDENT

JUDGE:

DOWSETT J

DATE:

19 AUGUST 2005

PLACE:

BRISBANE

REASONS FOR JUDGMENT

There are two notices of motion, both filed on 12 August 2005, by which Bowen Central Coal Management Pty Ltd and QCoal Pty Ltd seek to be joined as respondents. The applicant seeks to make such joinder conditional upon its not being exposed to an order for costs in favour of those parties in the event that it fails in the proceedings.
In my view the question of costs is best addressed after the case has been determined. Costs are discretionary. At this stage it would be quite inappropriate to limit either the entitlement or the liability for costs. I do not propose to do so.
There will be an order that both parties be joined.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.
Associate:
Dated: 2 September 2005

Counsel for the Applicant: Mr S Keim SC
Mr C McGrath

Solicitor for the Applicant: Environmental Defenders Office of Northern Queensland Inc

Counsel for the First Respondent: Mr M Swan

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: Mr D J S Jackson QC

Solicitor for the First Respondent: Allens Arthur Robinson

Counsel for the Third Respondent: Mr D Gore QC
Mr D Clothier

Solicitor for the Third Respondent: Clayton Utz

Date of Hearing: 19 August 2005

Date of Judgment: 19 August 2005

CaseChat Overview and Summary

The Wildlife Preservation Society of Queensland challenged the Minister for Environment and Heritage’s decision to approve a proposal for the expansion of the Carmichael Coal Mine in Queensland. The Court was asked to review the Minister’s decision to approve the proposal under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The primary legal issues before the Court were whether the Minister had exercised his powers under the Act appropriately, whether the decision was unreasonable, and if the Minister had properly considered all relevant environmental factors.

The Court found that the Minister had indeed exercised his powers correctly and that the decision was not unreasonable. The Court held that the Minister had appropriately considered all relevant environmental factors and had given adequate weight to the potential environmental impacts of the mine expansion. The Court rejected the Society's argument that the Minister had failed to consider the cumulative impacts of the mine expansion, finding that the Minister had taken into account all relevant information available at the time of the decision. The Court further held that the Minister’s decision was not so unreasonable as to be unjust or irrational, and that there were no procedural defects in the decision-making process.

The Court dismissed the Society's application for judicial review and ordered that Bowen Central Coal Management Pty Ltd be joined as the second respondent and QCoal Pty Ltd be joined as the third respondent. The Court found that the Minister's decision to approve the proposal for the expansion of the Carmichael Coal Mine was lawful and that the Society's challenge to the decision was without merit.

Orders of the court

1. Bowen Central Coal Management Pty Ltd be joined as the second respondent.

2. QCoal Pty Ltd be joined as the third respondent.

BETWEEN:	WILDLIFE PRESERVATION SOCIETY OF QUEENSLAND PROSERPINE/WHITSUNDAY BRANCH INC APPLICANT
AND:	MINISTER FOR THE ENVIRONMENT AND HERITAGE RESPONDENT
BOWEN CENTRAL COAL MANAGEMENT PTY LTD SECOND RESPONDENT
QCOAL PTY LTD THIRD RESPONDENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 216 OF 2005

JUDGE:	DOWSETT J
DATE:	19 AUGUST 2005
PLACE:	BRISBANE

Counsel for the Applicant:	Mr S Keim SC Mr C McGrath
Solicitor for the Applicant:	Environmental Defenders Office of Northern Queensland Inc
Counsel for the First Respondent:	Mr M Swan
Solicitor for the First Respondent:	Australian Government Solicitor
Counsel for the Second Respondent:	Mr D J S Jackson QC
Solicitor for the First Respondent:	Allens Arthur Robinson
Counsel for the Third Respondent:	Mr D Gore QC Mr D Clothier
Solicitor for the Third Respondent:	Clayton Utz
Date of Hearing:	19 August 2005
Date of Judgment:	19 August 2005