Case: Queensland v Murphy [1990] HCA 42 ; (1990) 95 ALR 493
Outcome: followed
In Queensland v Murphy [1990] HCA 42 ; (1990) 95 ALR 493 at 498, the High Court commented on the ordinary meaning of the term "environment" as follows: In its ordinary meaning "environment" signifies that which surrounds and has long been understood to include "the conditions under which any person or thing lives": Oxford English Dictionary, 2nd ed (1989). The latter usage dates from 1827 when Thomas Carlyle used the word to mean "the aggregate of external circumstances, conditions, and things that affect the existence and development of an individual, organism, or group". See Hendrickson, The Encyclopedia of Word and Phrase Origins, (1987). 60 There can be little doubt that "environmental protection" means the protection of the environment. There is nothing in s 45DD(3) of the Trade Practices Act to indicate that the word "environmental" is used in a more narrow sense than its ordinary meaning. Indeed, the legislative history of the Act by which s 45DD was inserted into the Trade Practices Act (the same Act as that which inserted s 45DB) suggests to the contrary. Like s 45DB(1) in its present form, s 45DD(3) was the subject of an amendment moved in the Senate jointly by the Government and the Australian Democrats. One of the joint movers, Senator Murray, told the Senate: In drafting exclusions, the Democrats have opted not to define what is meant by environmental protection or consumer protection. It is our clear intention in moving these amendments that the clauses be interpreted broadly. (Australia, Senate, Debates , (1996) Vol S180, p 5608). 61 Senator Murray then referred to the High Court's application of the natural and ordinary meaning of "environment" in Murphy , and went on to state that "environmental protection" in the proposed legislation would: extend to environmental issues affecting indigenous people, such as the protection of sacred sites. It would extend to urban environment issues and pollution issues. It would extend to environment issues such as preservation of historic buildings. It should and will be interpreted very broadly. It would include boycotts in relation to nuclear issues and the impact they could have on the environment. It would extend to the protection of living things in other countries, such as South-East Asian rainforests. (Australia, Senate, Debates , (1996) Vol S180, p 5608-5609). 62 In the course of debate on the proposed amendment, a comment was made that some of the proposed provisions were "blunt instruments". Senator Campbell, representing the Government, responded that: this chamber should be informed that these so-called 'blunt instruments' are available only in respect to illegitimate, industrial action; that is action unrelated to workers' pay and conditions of employment and which wreaks damage on innocent third and fourth parties . (Australia, Senate, Debates , (1996) Vol S180, p 5607). 63 For reasons similar to those I have given in [53]-[54], these contributions to the debate in the Senate can be relied upon to confirm the use of the phrase "environmental protection" in s 45DD(3) in its ordinary meaning. Counsel for the applicants referred to statutory definitions of the word "environment" in other legislation, in an attempt to suggest that the phrase "environmental protection" should be construed to mean something less than it does in its ordinary meaning. He referred to s 4 of the Environment Protection Act 1970 (Vic) and to s 15 of the Natural Heritage Trust of Australia Act 1997 (Cth). It is unnecessary to refer to those definitions in detail. Both demonstrate a legislative intention to make the provisions of their respective Acts applicable to a narrower concept of the environment than is involved in its ordinary meaning. The absence from the Trade Practices Act of a definition of "environmental protection" is both deliberate (as revealed by the statement of Senator Murray, to which I have referred in [60]) and significant in demonstrating an intention that the phrase should be used in its ordinary sense.