High Court agrees with EDS: Law must be followed as it stands now

The Environmental Defence Society (EDS) welcomes the High Court’s finding in Box Property Investments Ltd v The Expert Consenting Panel that decisions must be made based on the law as it currently stands, not on potential future legislative changes.

EDS Chief Operating Officer Shay Schlaepfer says “This decision is a vital reaffirmation of the long-standing constitutional principle set in Fitzgerald v Muldoon, that decision-makers should not take into account government announcements about future potential law changes.”

Read the press release

The relevant paragraphs in the decision are [35] – [39].