Abstract
[Extract]
The Adani mine has become synonymous with the ‘lawfare’ debate and issues relating to the suitability of review of mining decisions by courts. The first of the judicial review actions relating to Adani resulted in a consent order, made by Katzman J of the Federal Court, setting aside the federal Environment Minister’s original decision for failure to consider conservation advice on the Yakka Skink and Ornamental Snake. It was this consent order that prompted public comments from the then federal Attorney‑General, George Brandis, characterising the proceedings as ‘lawfare’. However, to date, we have not seen commentary that seeks to draw out the range of challenges that were made, and what we can learn from this. Environmental approvals are a unique area of public administration that traverse both state and federal jurisdictions and involve polycentric considerations.
The Adani mine has become synonymous with the ‘lawfare’ debate and issues relating to the suitability of review of mining decisions by courts. The first of the judicial review actions relating to Adani resulted in a consent order, made by Katzman J of the Federal Court, setting aside the federal Environment Minister’s original decision for failure to consider conservation advice on the Yakka Skink and Ornamental Snake. It was this consent order that prompted public comments from the then federal Attorney‑General, George Brandis, characterising the proceedings as ‘lawfare’. However, to date, we have not seen commentary that seeks to draw out the range of challenges that were made, and what we can learn from this. Environmental approvals are a unique area of public administration that traverse both state and federal jurisdictions and involve polycentric considerations.
| Original language | English |
|---|---|
| Journal | Australian Public Law Blog |
| Publication status | Published - 4 Jun 2018 |