Normans Plant Hire Pty Limited & (2) Ors) v South Coast Concrete Crushing & Recycling Pty Limited & Anor (No. 2) [2006] NSWLEC 734

Land and Environment Court of New South Wales

CITATION : Normans Plant Hire Pty Limited & (2) Ors) v South Coast Concrete Crushing & Recycling Pty Limited & Anor (No. 2) [2006] NSWLEC 734

APPLICANTS: Normans Plant Hire Pty Limited ACN 080 105 791

Tomerong Quarry Pty Limited ACN 000 437 669

South Coast Resources Pty Limited PARTIES : ACN 101 879 430

FIRST RESPONDENT: South Coast Concrete Crushing & Recycling Pty Limited ACN 095 243 584

SECOND RESPONDENT: Abib Pty Limited ACN 078 883 806

FILE NUMBER(S) : 41194 of 2005

CORAM: Lloyd J

Injunctions and Declarations :- restraint of quarrying unless and until development consent granted – postponement of operation of injunction – no development application yet made – discretion – upholding integrated coordinated nature of planning law – designated development – third party rights – potential for environmental harm – potential for off-site impacts – contractual commitments can still be met if activities confined – disruption to mining operations - public interest in the orderly development and use of land – parties commercial competitors – no mere technical breach KEY ISSUES: Mines and Minerals: - mining lease – existing mine – immunity from planning controls under Mining Act 1992 – immunities not applying where development consent has lapsed

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 124

GPT Re Ltd v Wollongong City Council (No. 2) [2006] NSWLEC 401; CASES CITED: Normans Plant Hire Pty Ltd v South Coast Concrete Crushing & Recycling Pty Ltd [2006] NSWLEC 390; Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335