Gray v The Minister for Planning and Ors [2006] NSWLEC 720

Reported Decision : 152 LGERA 258

Land and Environment Court of New South Wales

CITATION : Gray v The Minister for Planning and Ors [2006] NSWLEC 720 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Peter Gray FIRST RESPONDENT PARTIES : The Minister for Planning SECOND RESPONDENT Director-General of the Department of Planning THIRD RESPONDENT Centennial Hunter Pty Ltd

FILE NUMBER(S) : 40870 of 2006

CORAM: Pain J

KEY ISSUES: Judicial Review :- Whether Director-General legally bound to require greenhouse gas impacts of burning coal by third parties in environmental assessment of new coal mine under Part 3A of the Environmental Planning and Assessment Act 1979 - whether ecologically sustainable development principles taken into account by Director-General in relation to assessment of adequacy of environmental assessment under Part 3A - whether causation of environmental impact by greenhouse gas emissions caused by third parties burning coal required in environmental assessment of coal mine

Constitution Act 1902 s35CA Environmental Planning and Assessment Act 1979 Pt 3A, s75, s13(2) Environmental Planning and Assessment Regulation 1994 Pt 1A, cl 8A, cl 8G Environmental Planning and Assessment Regulation 2000 LEGISLATION CITED: Environment Protection and Biodiversity Conservation Act 1999 (Cth) Interpretation Act 1987 s 3, s11 National Parks and Wildlife Act 1974 Protection of the Environment Administration Act 1991 State Environmental Planning Policy (Major Projects) 2005 Threatened Species Conservation Act 1995