Bingman Catchment Landcare Group Incorporated v Bowdens Silver Pty Limited [2024] NSWLEC 17

Land and Environment Court New South Wales

Medium Neutral Citation: Bingman Catchment Landcare Group Incorporated v Bowdens Silver Pty Limited [2024] NSWLEC 17 Hearing dates: 28 November 2023 Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraphs 53 and 54 Catchwords: ENVIRONMENT AND PLANNING – Judicial review of development consent of State Significant development – alleged that the consent authority failed to consider environmental impact of transmission line – material jurisdictional error – question as to whether the transmission line formed "part of a single proposed development" – s 4.38 of Environmental Planning and Assessment Act 1979 – provision to be construed in terms of context and purpose – environmental impacts of transmission line – s 4.15(1)(b) of Environmental Planning and Assessment Act 1979 – lack of certainty as to route of transmission line precluded a finding as to "likely impacts" – no error in respect of mandatory relevant considerations Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSWLR 638 Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd (2021) 252 LGERA 221 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362 Category: Principal judgment Parties: Bingman Catchment Landcare Group Incorporated (Applicant) Bowdens Pty Limited (First Respondent) Independent Planning Commission (Second Respondent) Representation: Counsel: T Prince (Applicant) D McLure SC and T March (First Respondent) Submitting Appearance (Second Respondent)