Blue Mountains Conservation Society Inc v Director-General of National Parks and Wildlife & (2) Ors

The applicant, Blue Mountains Conservation Society Inc, sought to restrain the use of the Grose Wilderness in the Blue Mountains National Park for the purpose of a commercial film production. The film site was said to be a key component of the final scene sequence for the film. It was said that a search undertaken by the third respondent identified no alternative sites which satisfied the creative criteria specified by the film’s director. The National Parks and Wildlife Service had issued a formal consent pursuant for filming at the site in question, subject to conditions. The main objections to the activity were that the activity was unlawful within a wilderness area in a national park; the area in which the filming was to take place was a sensitive environment, being a hanging swamp and a transitional open forest; the impact would include the incidental destruction of native vegetation and the unintentional killing of the larvae of the endangered giant dragonfly; and there were said to be alternative sites which were not within a declared wilderness area. The court noted that there were many areas that were State forests and thus were not within a national park. It seemed that the film production company had not explored the possibility of using such an area as a possible location for this film. The production company had also not only been granted permission to enter the land, but had been granted permission to enter it and perform certain activities upon it and had been granted exclusive use of a defined part of the land to the exclusion of the public. The proposed activity contravened s 9 of the Wilderness Act. It was unlawful; and the approval and consent were also unlawful. Referring to its discretion, the court emphasized that there was no doubt that if an injunction was granted the effect on the production company would be devastating. However, declared wilderness areas were sacrosanct. The relief sought by the applicant was granted. The Court made an order setting aside the consent granted to undertake the said activities.