Walker v Minister for Planning

The applicant alleged that the Minister, when granting concept plan approval, had failed to consider the principles of ecologically sustainable development (“ESD”) because he had not considered whether the flood risk on the site would be exacerbated
by climate change, had not obtained up-to-date mapping of endangered ecological communities, and had not carried out further investigations into a possible “women’s area” on the site. ESD is described in s. 6(2) of the Protection of the Environment
Administration Act 1979 and includes the ‘precautionary principle’. The precautionary principle states that decision -makers should make an assessment of the risk-weighted consequences of any action before deciding to proceed with the action.

Justice Biscoe held that under cl 8B of the Environmental Planning and Assessment Regulation, the Director-General was obliged to include in his report those aspects of the public interest which he considered to be relevant. It has been established in
previous cases that ESD is an aspect of the public interest, therefore the Director - General was obliged to consider ESD in deciding what matters needed to be addressed in his report. In this case the Director-General had apparently failed to consider whether the climate-change related flood risk was a matter which needed to be addressed in his report.