The Wilderness Society of WA (Inc) v Minister for Environment

COURT OR TRIBUNAL

Supreme Court of Western Australia

DATE FILED (OR FIRST HEARING DATE)

16/07/2012

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Other

REVIEW TYPE

Judicial review

SUMMARY

This case concerned the validity of three administrative decisions, made in relation to a proposal by the Minister to establish a precinct for processing liquefied natural gas, at James Price Point. The Court held that a number of the proposed grounds for invalidity were not valid. However, the Court ultimately held all three decisions to be invalid. This was based on findings that there was no valid assessment of the proposal. In turn, that finding regarding the assessment was made on the basis that the assessment was agreed upon by individuals who had pecuniary interests in the proposals, and thus should have been disqualified from the assessment-making process. As the assessment was invalid, all decisions, including the three at issue in this hearing, that stemmed from the assessment were invalid.

CASE DOCUMENTS

The Wilderness Society of WA (Inc) v Minister for Environment [2013] WASC 307; 45 WAR 471; 196 LGERA 234

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