Nation Rise sought judicial review of the Minister's decision to revoke its Renewable Energy Approval for a wind farm project.
The Minister had revoked the approval based on concerns about harm to bat maternity colonies, an issue not raised by the parties before the Environmental Review Tribunal or on appeal.
The Divisional Court quashed the Minister's decision, finding it unreasonable because the Minister lacked statutory authority to raise new issues on appeal, applied the wrong legal test by using a precautionary approach, and misapprehended the evidence.
The Court also found the Minister breached procedural fairness by failing to give notice of the new issue and denying the parties an opportunity to make submissions on remedy.
The ERT's approval of the project was reinstated.
