A recent Federal Court of Australia decision provides an
important insight into the information that can be considered by
the Minister for Sustainability, Environment, Water, Population and
Communities when a referral is made under the Environment
Protection and Biodiversity Conservation Act 1999.
In this case1, the Court dismissed an application by
the Victorian Secretary to the Department of Sustainability and
Environment against the Minister's refusal of its proposed
strategic cattle grazing trial in Alpine National Park.
Partner Sarah Persijn and solicitor Thomas Buckley outline the
proceedings in this case.
Key points
- Information provided in a referral will not be the only
information that the Minister will consider when deciding whether
or not a proposed action will have unacceptable impacts on a matter
of national environmental significance.