On 20 December 2007, the Minister for the Environment, Heritage and the Arts approved an application by the Port of Melbourne Corporation to deepen the main shipping channels in Port Phillip Bay under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
The EPBC Act approval is limited solely to protecting matters within Commonwealth jurisdiction. The matters of National Environmental Significance for this proposal are Commonwealth listed threatened and migratory species and communities, Ramsar wetlands of international importance, and Commonwealth land. It would have been invalid for the Minister to consider matters outside Commonwealth jurisdiction - these are the responsibility of the Victorian Government.
A formal statements of reasons is not routinely provided for all decisions made under the EPBC Act. However, rights exist for persons or organisations with standing to seek such reasons under the Administrative Decisions (Judicial Review) Act 1977.
In this case Blue Wedges Inc formally requested a statement of reasons for the Minister’s decision. The statement of reasons has been forwarded to Blue Wedges Inc.
Given the public interest in the matter, a copy of the statement of reasons, together with further details of the approval, is available in our referrals database.
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