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Policy as a Mandatory Relevant Consideration: A Reflection on Jacob v Save...

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State Solicitor's Office

Level 23 of the David Malcolm Justice Centre

28 Barrack Street

Perth, WA 6000

Australia

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In late 2015, an application for judicial review was commenced in the Supreme Court of Western Australia to challenge the environmental approval of a flagship project of the Barnett Government – the proposed extension of the Roe Highway from the Kwinana Freeway to the Port of Fremantle. The proposal involved taking the Roe Highway through an environmentally-sensitive area known as the Beeliar Wetlands. At first instance, the application
for judicial review succeeded on the basis that the Environmental Protection Authority failed to have regard to its own policies when recommending that the Environment Minister approve the project. On appeal, the WA Court of Appeal held that the EPA’s policies were not mandatory relevant considerations and so any failure to consider them could not invalidate the environmental approval. These two decisions provide an ideal setting in which to address the question of when policy will be a mandatory relevant consideration.

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State Solicitor's Office

Level 23 of the David Malcolm Justice Centre

28 Barrack Street

Perth, WA 6000

Australia

View Map

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No Refunds

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