Donnelly and Anor v Delta Gold Pty Ltd and Ors [2000] NSWLEC 145

Land and Environment Court of New South Wales

CITATION : Donnelly and Anor v Delta Gold Pty Ltd and Ors [2000] NSWLEC 145 APPLICANT: Donnelly PARTIES : RESPONDENT: Delta Gold Pty Ltd and Ors. FILE NUMBER(S) : 40098 of 2000 CORAM: Bignold J KEY ISSUES: Practice & Procedure :- Interim injunction continued until expedited trial of challenge to validity of variation of licence. LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 58(6) CASES CITED: DATES OF HEARING: 06/07/00 DATE OF JUDGMENT: 07/07/2000

APPLICANT: Mr A Oshlack (Agent) SOLICITORS: N/A

1st to 4th RESPONDENTS: Mr Craig QC LEGAL REPRESENTATIVES: SOLICITORS: Phillips Fox

5th RESONDENT: Mr C J Leggat, Barrister SOLICITORS: Solicitor for Environment Protection Authority

JUDGMENT: IN THE LAND AND Matter No . 40098 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 7 July 2000

A. DONNELLY

Applicant

v

DELTA GOLD PTY LTD

First Respondent

ROSS MINING N.L.

Second Respondent

CAPRICORNIA PROSPECTING PTY LTD

Third Respondent

TIMBARRA GOLD MINES PTY LTD

Fourth Respondent

ENVIRONMENT PROTECTION AUTHORITY

Fifth Respondent

JUDGMENT

Bignold J:

1. On 30 June 2000, the Applicant commenced class 4 proceedings challenging the validity of the decision of the EPA to vary an environment protection licence issued under the Protection of the Environment Operations Act 1997. The legal basis for such challenge is the alleged breach by the EPA of s 58(6) of the Protection of the Environment Operations Act 1997 which provides as follows: (6) If: (a) the variation of a licence will authorise a significant increase in the environmental impact of the activity authorised or controlled by the licence, and (b) the proposed variation has not, for any reason, been the subject of environmental assessment and public consultation under the Environmental Planning and Assessment Act 1979,