Environment Victoria v AGL Loy Yang
Supreme Court of Victoria
Gorton J
21/12/2022
[2022] VSC 814
Administrative law — Judicial review — Legislation referring to considerations decision-maker ‘should’ take into account — Whether reference to ‘should’ obligatory — Environment Protection Act 1970 (Vic), ss 1B–1L
Planning and environment — Amendment of licences by Environment Protection Authority on own motion — Whether failure by decision-maker to take into account mandatory considerations — Whether identified matters must be considered by decision-maker — Environment Protection Act 1970 (Vic), ss 1B–1L, 20(9), 20B, 20C — Climate Change Act 2017 (Vic), s 17
Read the judgment here.