PRIME MNAIATEU Press Statement No. 529
14 July 1975
CHALLENGES* TO ENVIRONMvENTAL LEGISLATION
The Prime Minister and Minister for Environment,
Mr E. G. Whitlam, stated today that there had been two important
challenges made in the High Court to actions undertaken by the
Australian Government in consequence of recent Acts of the
Australian Parliament. These related to the Environmental
Inquiry being held in relation to Fraser Island and to the
acquisition of Towra Point, on the foreshore of Botany Bay,
for nature conservation purposes.
The Prime Minister said the challenge to the Fraser
Island Inquiry had been taken out by parties associated with
the Dillingham-Murphyores consortium when the hearing was well
advanced. He said that transcripts of evidence now totalled some
1,400 pages, that over 200 documents had been tabled and that the
Inquiry was about to adjourn to Brisbane for the final stage of
the hearing. The attitude of the consortium contrasted with the
reported attitude of the Premier of Queensland, who, whilst
questioning the power of the Inquiry to call witnesses and
while not accepting that there was any legal obligation on the
Queensland Government to present a submission, nevertheless indicated
that, because of the public controversy and interest developed by
the Committee of Inquiry, his government would provide the
inquiry with information in the public interest.
The Prime Minister went on to say that the public
could draw their own inferences about the consortium's concern
for environmental obligations but, because they had raised a
point turning on the letter of the law regarding the scope of the
inquiry, this had to be examined by the Government. Consequently
to ensure that there was no ambiguity as to where the Government
stood and to provide a firm legal basis for the inquiry to be
carried through, he had revoked the existing direction to the
Commissioners and issued a new one to them which was specifically
related to the Australian Government's export powers and which,
on the advice of the Attorney-General, could withstand any
High Court challenge.
2.
The new direction requires that " an inquiry be
conducted in respect of all of the environmental aspects of
the making of decisions by or on behalf of the Australian
Government in relation to the exportation from Australia of
minerals ( including minerals that have been subjected to
processing or treatment) extracted or which may hereafter
be extracted from Fraser Island in the State of Queensland".
The Prime Minister said he hoped that the Commissioners
would be able to complete hearings under these new terms as
soon as practicable. He also said that he hoped the great bulk
of material already gathered could be considered by the new
inquiry. With respect to the challenge by the N. S. W. Government
to the purchase of Towra Point for national park purposes, he
said he was certainly not attracted to the proposition that the
Australian Government, having regard to its status as a national
government, cannot acquire a national park or national nature
reserve under an enactment of the national parliament. He
hoped the High Court would clarify this as soon as practicable.
CANBERRA, A. C. Tm