| The Environment Centre Northern Territory (NT) Incorporated v The Minister for Land Resource Management (NTSC) - judicial review - water extraction licences - failure to consider Controller’s decision on the merits - Minister’s decisions set aside |
| Summaries With Link (Five Minute Read) |
The Environment Centre Northern Territory (NT) Incorporated v The Minister for Land Resource Management [2015] NTSC 30
Supreme Court of the Northern Territory
Hiley J
Judicial review - plaintiff sought judicial review of two decisions made by Minister which upheld earlier decisions by Controller to grant a number of water extraction licences under Water Act 1992 - plaintiff contended Minister erred in reviews of Controller’s decisions and that they should be set aside - whether Minister required to undertake merits review - held: Court rejected defendant’s contentions to effect that Minister was not obliged to review merits of Controller’s decision in absence of some kind of error on Controller’s part - Minister erred in approaching his review of applications and thus failing to consider Controller’s decisions on the merits - Minister’s decisions set aside - Minister to determine applications for review of Controller’s decisions afresh.
Environment
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