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ARTICLE · 30 OCTOBER 2013

Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities [2013] FCAFC 111

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As Condition 71 could be severed from the approval, an invalid EPBC Act condition did not bring down the whole approval.

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An invalid EPBC Act approval condition did not bring down the whole approval.

INTRODUCTION AND BACKGROUND

The Full Court of the Federal Court (Full Court) recently handed down its decision in Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities [2013] FCAFC 111 (Buzzacott) an administrative law appeal brought by Mr Buzzacott, an Aboriginal elder, against the April 2012 decision of Justice Besanko in Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities (No 2) [2012] FCA 403. Justice Besanko had dismissed the initial appeal brought by Mr Buzzacott to quash the decision of the Federal Minister for Sustainability, Environment, Water, Population and Communities (Minister) approving, with conditions (Approval), BHP Billiton Olympic Dam Corporation Pty Ltd's (BHPB's) proposal to expand the existing Olympic Dam copper, uranium, gold and silver mine and processing plant, including all associated

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