15 April ARELJ Case Note - Clark V Minister For The Environment [2019] FCA 2027 April 15, 2020 By AMPLA Admin ARELJ ARELJ, Case Note, Environment, Federal Court 0 Matthew Pudovskis Barrister, Francis Burt Chambers A group of Aboriginal people applied for judicial review of a decision of the federal Minister for the Environment not to make declarations under the Commonwealth’s Aboriginal and Torres Strait Islander Heritage Protection Act 1984 protecting six trees that were threatened by a highway development in Victoria. The Federal Court of Australia upheld the application and remitted the matter to the Minister for further consideration according to law on the basis that the Minister had failed to understand and properly apply the statutory concepts of “Aboriginal tradition” and injury and desecration of significant Aboriginal areas and objects. Member Login Required to Access Case Note Read More Related Articles ARELJ - Case Note - Yindjibarndi Case “Occupation Requirement” Authority ARELJ Case Note - Applying the Cautionary Principle to Harvesting Timber in Victoria ARELJ - Case Note - Judgement Clarifies Extent of Non-Conforming Use Protections ARELJ - Case Note - Financial Consequences of the Dismissal of a Native Title Claim ARELJ Case Note - Implications of New Provisions in the Human Rights Act Following Waratah Coal Decision ARELJ - Case Note - Australian Offshore Petroleum Regulation: Defining and Protecting the National Interest Showing 0 Comment Comments are closed.