I think the Victorian Alpine grazing story has probably jumped the shark now (I have been referring to myself as The Age’s bovine reporter all morning after today’s story here).
But for any tragics below are the court documents submitted by the Victorian Government Solicitor last night seeking a judicial review of Tony Burke’s decision to reject the Baillieu Government’s cattle grazing trial in the high country under the Environment Protection and Biodiversity Conservation Act.
Docs: img-2290902-0001
Victoria is arguing Burke’s decision to knock the trial application out at the first hurdle as ‘‘clearly unacceptable’’ (see here), was made in excess of jurisdiction.
I’m far from a being a lawyer, but in short they appear to be arguing:
1. That Burke should not have used information not in the Victorian Government’s project referral (see here) to make his decision.
2. That Victoria did not get a chance to respond to the additional information used, in breach of natural justice.
3. Protection of the national heritage values of the Alps — used by Burke to make his decision — is not appropriate, because it only applies if Australia needs to uphold international conservation agreements (which Victoria argues in this case it does not).
The Victorian Government is seeking a writ quashing Burke’s decision and costs.
A couple of experts I talked to yesterday were sceptical of Victoria’s chances, but I guess we’ll find out.
The directions hearing for the review is 9.30am, March 23, in front of Justice Susan Kenny.
