Your Decision Was Too Late, Or Have I Misconstrued?

In Waratah Coal Inc v Minister for the Environment Heritage and the Arts [2008] FCA 1870, the Federal Court rejected an application for review of the Federal Environment Minister's decision to refuse a proposal involving the construction of a rail link and coal port in the Shoalwater Bay Ramsar Wetland (proposal). The rail link and coal port were intended to facilitate export from a major proposed new coal mine, the Galilee Coal Project, in central Queensland. The Minister used his powers under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) to reject the proposal up-front on the basis that it would have "clearly unacceptable" impacts on the Shoalwater Bay Ramsar Wetland.