Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2020] NSWLEC 66

Land and Environment Court New South Wales

Medium Neutral Citation: Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2020] NSWLEC 66 Hearing dates: 21, 22, 23, 24, 25, 28, 29, 30 and 31 October and 8, 14 and 29 November 2019 Date of orders: 11 June 2020 Decision date: 11 June 2020 Jurisdiction: Class 3 Before: Moore J Decision: See orders at [475] (Matter No 242760 of 2018) and [476] (Matter No 242761 of 2018) Catchwords: RATING CATEGORISATION - categorisation of two assessment parcels - decisions by Council categorising lands as "mining" - applications for review of categorisation seeking to change category to "farmland" - applications covering 2016/17 and 2017/18 rating years - applications for review not determined by Council - appeals against deemed refusals by Council STATUTORY CONSTRUCTION- Valuer General aggregated both assessment parcels pursuant to s 26 of the Valuation of Land Act 1916 - impermissible to review validity of Valuer General's aggregation pursuant to s 26 of the Valuation of Land Act 1916 - smaller assessment parcel valued pursuant to s 14F(3) of the Valuation of Land Act 1916 - impermissible to review validity of Valuer General's valuation utilising s 14F(3) - meaning of "valued and rated accordingly" in s 14F(3) - composite expression - the Valuer General's valuation solely fixes the value of the assessment parcel for rating purposes and does not amount to a declaration as to use for the purposes of categorisation pursuant to the Local Government Act 1993 - the smaller assessment parcel to be categorised for rating purposes in accordance with the regime in Pt 3 of Ch 15 of the Local Government Act 1993 RATING CATEGORISATION - exclusive use of part of smaller assessment parcel by coal mine - use of part of smaller assessment area by coal mine for mining activities with some grazing activities on that part - dominant use of total area of smaller assessment parcel in each year was for the purposes of the coal mine - tests in s 515 of the Local Government Act 1993 for the smaller assessment parcel to be categorised as "farmland" not needed to be considered - Council's decisions to categorise smaller assessment parcel as "mining" in each rating year correct - appeals concerning smaller assessment parcel dismissed RATING CATEGORISATION - exclusive use of part of larger assessment parcel by coal mine - exclusive use of further part of larger assessment area as offset areas constitutes use by coal mine - use of part of larger assessment area for grazing and cropping activities with some mining activities on that part - dominant use of total area of larger assessment parcel in each year was for the purposes of the coal mine - tests in s 515 of the Local Government Act 1993 for the larger assessment parcel to be categorised as "farmland" not needed to be considered - Council's decisions to categorise larger assessment parcel as "mining" in each assessment year correct - appeals concerning larger assessment parcel dismissed Legislation Cited: Local Government Act 1993, ss 514, 515, 517, 518 and 526 Mining Act 1992, s 41 Mining Regulation 2016 Valuation of Land Act 1916, s 14F(3) Cases Cited: Chamwell Pty Limited v Strathfield Council (2007) 151 LGERA 400; [2007] NSWLEC 114 Council of the City of Newcastle v Royal Newcastle Hospital (1957) 96 CLR 493 Ferdinands v The Commissioner of Police (2006) 225 CLR 130; [2006] HCA 5 Foodbarn v Solicitor General (1975) 32 LGRA 157 Hornsby Shire Council v Malcolm [1986] 60 LGRA 429 JAKD Pty Ltd v Randwick City Council [1998] NSWLEC 97 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Leda Manorstead Pty Ltd v Chief Commissioner of State Revenue (2010) 79 NSWLR 724; [2010] NSWSC 867 Liverpool Corporation v Chorley Union Assessment Committee [1913] AC 197 Mid-Western Regional Council v Peabody Pastoral Holdings Pty Ltd [2013] NSWCA 322 Peabody Pastoral Holdings Pty Limited v Mid‑Western Regional Council [2013] NSWLEC 86; (201) 211 LGERA 337 Pexco Pty Ltd v Shire of Leonora (1984) 54 LGRA 428 Portier v The Attorney General (2015) 89 NSWLR 284; [2015] NSWCA 129 Shire of Perth v O'Keefe (1964) 110 CLR 529 Stephen v Federal Commissioner of Land Tax (1930) 45 CLR 122 Ulan Coal Mines Pty Limited v Mid-Western Regional Council [2013] NSWLEC 1167 Category: Principal judgment Parties: Mangoola Coal Operations Pty Ltd (Applicant) Muswellbrook Shire Council (Respondent) Representation: Counsel: Mr C Ireland, barrister (Applicant) Mr P Tomasetti SC/Mr R Lovas, barrister (Respondent)