Policy as a mandatory relevant consideration: a reflection on Jacob v Save Beeliar Wetlands

Tuesday 12th September, 2017 12:30 pm – Tuesday 12th September, 2017 1:30 pm
The Law Society of Western Australia
Level 5, 160 St Georges Terrace Perth

In late 2015, an application for judicial review was commenced to challenge the environmental approval of the proposed extension of the Roe Highway from the Kwinana Freeway to the Port of Fremantle through 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 proposal.  On appeal, the WA Court of Appeal held that the Environmental Protection Authority 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.

  • 1 points Competency 4 Substantive Law


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