Blue Wedges Inc. v. Minister for Environment, Heritage and the Arts

Blue Wedges Inc challenged the decision made by the Minister for Environment, Heritage and the Arts to approve the Port of Melbourne Corporation’s proposal to deepen the shipping channels in Port Phillip Bay and the Yarra River. Blue Wedges objected to the Minister’s process of approval on three grounds: (1) the Minister had not taken into account the principles of ecologically sustainable development while considering the proposal, as required by section 136(2)(a) of the Environment Protection and Biodiversity Conservation (EPBC) Act; (2) the Minister had not adequately informed and consulted all other relevant ministers, including the Minister for Climate Change and Water, who could have a concern with the effect which the channel deepening project might have on sea levels and tidal level changes in the Bay, as required by section 131(1) of the EPBC Act; and (3) the Minister had failed to fully consider the impacts on listed threatened and migratory species as outlined by section 136(1)(a) of the EPBC Act. After thorough review of the claims made by the applicant, the court held that all considerations brought up by the applicant had been adequately met by the Minister in his review prior to issuing the approval for the proposal.