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Phosphate Resources Ltd. v. The Commonwealth

Country/Territory
Australia
Date
Mar 1, 2004
Source
UNEP, InforMEA
Court name
Federal Court of Australia
Reference number
[2004] FCA 211
Abstract
An Australian federal court upheld a Determination by the Administrator of Christmas Island setting the fees chargeable for use of electricity on the Island. Phosphate Resources, a major user of electricity on the Island challenged one of the purposes of the Determination – compelling large users of electricity such as Phosphate to examine alternative options for power generation as part of an effort to minimize greenhouse gas emissions. The court held that if the Administrator expressly took into account the reduction of GHG emissions as a factor in setting the electricity fees on the Island, it is a legitimate public policy objective.

Key environmental legal questions:

Challenge to Administrator of Christmas Island's determination of new electricity fees
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