Maules Creek Community Council Incorporated v Environment Protection Authority (No 2) [2024] NSWLEC 123

Land and Environment Court New South Wales

Medium Neutral Citation: Maules Creek Community Council Incorporated v Environment Protection Authority (No 2) [2024] NSWLEC 123 Hearing dates: On the papers: written submissions filed on 29 August, 12 September and 3 October 2024 Date of orders: 21 November 2024 Decision date: 21 November 2024 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court orders: (1) There be no order as to the costs of the proceedings, including the application for costs of the proceedings, with the intention that each party pays their own costs of the proceedings. Catchwords: COSTS – public interest litigation – unsuccessful civil enforcement proceedings to remedy breach of statutory requirement for review of environment protection licence – whether costs order should be made – whether proceedings brought in the public interest – whether countervailing considerations – no order as to costs Legislation Cited: Environment Protection and Biodiversity Conservation Act 1999 (Cth) Judiciary Act 1903 (Cth), s 78B Land and Environment Court Act 1979 (NSW), s 20 Protection of the Environment Operations Act 1997 (NSW), ss 45, 78, 252 Land and Environment Court Rules 2007 (NSW), r 4.2 Uniform Civil Procedure Rules 2005 (NSW), rr 1.7, 31.19, 42.1 Cases Cited: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) (2010) 173 LGERA 280; [2010] NSWLEC 59 Engadine Area Traffic Action Group Inc v Sutherland Shire Council (No 2) (2024) 136 LGERA 365; [2004] NSWLEC 434 Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 2) [2024] FCAFC 97 Friends of Gardiner Park Inc v Bayside Council (No 2) [2022] NSWLEC 61 Kirk v Industrial Court (NSW) (2010) 239 CLR 531; [2010] HCA 1 Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd (No 2) (2021) 252 LGERA 261; [2021] NSWLEC 147 Muswellbrook Shire Council v Hunter Valley Energy Pty Ltd (2019) 238 LGERA 295; [2019] NSWCA 216 South East Forest Rescue Inc v Forestry Corporation of New South Wales (No 2) [2024] NSWLEC 36 Category: Costs Parties: Maules Creek Community Council Incorporated (INC9894709) (Applicant) Environment Protection Authority (First Respondent) Maules Creek Coal Pty Ltd (ACN 140 533 875) (Second Respondent) Attorney General for New South Wales (Intervenor) Representation: Counsel: R White, S Hoare and B Gallifuoco (Applicant) Z Heger (First Respondent) P Herzfeld SC and K Pham (Second Respondent) Z Heger (Intervener)