The judgement on Friends of Mallacoota vs Minister for Planning and Anor was delivered by Justice Osborn on 27 May 2010. Please see our Media Release in regard to the judgement.
The court case tested the legality of Minister Madden ignoring his own Independent Panel’s advice, which was to not proceed with this development and implement a lower impact solution at Bastion Point.
The case looked at administrative process, not the merits of the case, and found that Minister Madden had acted within the legal bounds of his responsibility.
However, Justice Osborn found ‘there is nothing in the material before the Court which supports the view that the Panel’s assessment was other than a careful, fair and balanced evaluation of all the material before it.’
The Save Bastion Point campaign will continue to lobby Minister Jennings to accept the Panel’s recommendations and reject the proposal under the Coastal Management Act.
Supporters from Mallacoota and Melbourne braved a cold Melbourne day on 12 May 2010 to present 1400 postcards to Minister for Environment, Climate Change and Innovation, Gavin Jennings. Mallacoota-crafted sea creatures helped make the delivery.
The postcards asked the Minister to use his powers under the Coastal Management Act to stop the breakwater development. Spokesman Leo op den Brouw told Minister Jennings that the postcards represented the views of a broad section of the community.
The Minister was asked to give very careful consideration to the Inquiry Panel Report, and the Victorian Coastal Strategy in his decision. It was emphasised that the Minister has the responsibility under the Coastal Management Act for final consent, and that he should reject this proposal.
Minister Jennings thanked supporters for bringing the postcards to him, and promised to consider the campaign’s views when making his decision. He declined to give any further indication given the pending decision of the court case.
After just one day of sitting on 10 May, the Supreme Court has heard arguments from both legal teams, and we are expecting the decision to come sometime over the next weeks.
Friends of Mallacoota would like to thank our legal team for their great work, shown in the attached photo leaving the Supreme Court after presenting the case.
Please see Madden Decision Taken to Supreme Court for more information about the filing of the case.
On Wednesday 12 May from 10-10.30 am supporters will gather at 50 Lonsdale St to present to Minister for Environment Gavin Jennings 1400 postcards opposing the development at Bastion Point. Members of the public are welcome to attend.