ARTICLE · 17 MARCH 2022

Federal Minister For The Environment Does Not Owe Duty Of Care

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The Full Federal Court handed down its much-anticipated judgment in Sharma today. A summary of the judgment of the Full Federal Court allowing the appeal is set out below, with the full judgment available here.

AustraliaEnvironment

Anna Sutherland

Melanie Debenham

Jacqueline Wootton

The Full Federal Court handed down its much-anticipated judgment in Sharma today. A summary of the judgment of the Full Federal Court allowing the appeal is set out below, with the full judgment available here. The Minister for the environment does not owe a novel duty of care at common law when exercising her power under ss 130 and 133 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) to consider and approve an extension of a coal mine in New South Wales.

Snapshot

Each judge handed down a separate judgment, finding that the duty was not owed on different legal bases (see further detail below). The EPBC act formed a central part of each judge's reasoning.

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