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Anvil Hill Project Watch Association v. Minister for the Environment and Water Resources

Country/Territory
Australia
Date
Nov 1, 2006
Source
UNEP, InforMEA
Court name
Federal Court of Australia
Reference number
[2006 ] 152 LGERA 258 (Australia)
Abstract
Under section 75(1) of the Environmental Protection and Biodiversity Conservation Act, the Commonwealth Minister is to assess if a proposed action is a “controlled action.” The Anvil Hill Project Watch Association challenged the decision by the Minister that the proposed construction of an open coal mine was not a “controlled action.” The court ruled that section 75(1) did not require an objective factual determination by the Minister of whether an action is considered a “controlled action” or not.

Key environmental legal questions:

Challenge to government approval of an of an open coal mine
Full text
Gray-v-Min-for-Planning-152_LGERA_258.pdf
Website
climatecasechart.com