Anvil Hill Project Watch Association v. Minister for the Environment and Water Resources

Under section 75(1) of the Environmental Protection and Biodiversity Conservation Act, the Commonwealth Minister is to assess if a proposed action is a “controlled action.” The Anvil Hill Project Watch Association challenged the decision by the Minister that the proposed construction of an open coal mine was not a “controlled action.” The court ruled that section 75(1) did not require an objective factual determination by the Minister of whether an action is considered a “controlled action” or not.