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The Federal Court decision in Tasmanian Conservation Trust Inc v Minister for Resources (unreported, 10 January 1995) (the Gunns case) has raised concerns in many industries about the need for environmental assessment of their activities, particularly the export of natural resources which require licences. The case involved a successful challenge by a Tasmanian conservation group to a woodchip export licence issued by the Minister for Resources to Gunns Ltd (Gunns) in 1994. The case has made it clear that whenever a matter or proposal which may have a significant impact upon the environment comes before a federal Minister for a decision, the matter must be referred to the Minister for the Environment for a decision as to whether or not an environmental impact assessment is required.
The implications of the case extend beyond adding fuel to the current "woodchip dispute" to a reconsideration of the validity of government decisions which may have a significant effect on the environment.
The case was brought by the Tasmanian Conservation Trust under the Administrative Decisions (Judicial Review) Act 1977 (the AD(JR) Act). It was decided by Sackville J.
The AD(JR) Act provides that a "person aggrieved" by a decision or by conduct leading to the making of a decision to which the AD(JR) Act applies, may apply for judicial review of the decision on various grounds, including failure to observe proper procedures, improper exercise of power (which includes failing to take relevant considerations into account), unreasonable exercise of power and error of law.
The court held that the Tasmanian Conservation Trust (the Trust) had standing (a right to be heard by the court) in order to bring an action under the AD(JR) Act. This is in accordance with recent decisions which have held that smaller conservation and environment groups have a "special interest" in cases involving environmental issues so as to give them standing.
The "decision" under scrutiny in the Gunns case was the decision of the Minister for Resources to grant an export licence to Gunns under regulations relating to woodchips made pursuant to the Export Control Act 1982. The export licence related to stage one of a two-stage logging proposal by Gunns. The court, however, did not isolate stage one of the proposal, but looked at...