Friends of Hinchinbrook v Minister and Cardwell Properties Pty Ltd

February 1997

EDO NSW acted for Friends of Hinchinbrook Society Inc challenging the grant of a consent under the World Heritage Properties Conservation Act to allow the dredging of the Hinchinbrook Channel and removal of mangroves for a resort village adjacent to a World Heritage site.

During the hearing, Cardwell properties made an unsuccessful application for security for costs. The application was dismissed because the judge was convinced that legitimate associations concerned with world heritage properties should be able to raise issues before the Federal Court. This recognised the importance of enabling court cases that seek to enforce the law in the public interest.

EDO NSW would like to thank Mr M.H. Tobias QC and Dr J. Griffiths who represented the applicants in this matter.

Judgment