Munkara v Santos NA Barossa (No 3) [2024] FCA 9
This gas pipeline case was fought over the meaning of ‘significant new environmental impact’ in federal regulations. Charlesworth J (at [135]) said the regulation was to be read in accordance with the Acts Interpretation Act 1901 and ‘well established principles’, quoting SZTAL [2017] HCA 34 (at [14]) –
“The starting point for the ascertainment of the meaning of a statutory provision is the text of the statute whilst, at the same time, regard is had to its context and purpose …”
This mantra identifies the meta elements of the exercise – text, context and purpose. It tells us to consider them in an integrated way. Context and purpose are considered from the very beginning.
This principle is from Episode 105 of interpretation NOW!