Williams v Minister for Planning [2009] NSWLEC 5

Set aside by Appeal : [2009] NSWCA 275 164 LGERA 204

Land and Environment Court of New South Wales

CITATION : Williams v Minister for Planning [2009] NSWLEC 5 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT: Neville "Chappie" Williams

FIRST RESPONDENT: NSW Minister for Planning PARTIES : SECOND RESPONDENT: NSW Director General for Planning

THIRD RESPONDENT: Barrick Australia Ltd

FILE NUMBER(S) : 41118 of 2008

CORAM: Biscoe J

KEY ISSUES: JUDICIAL REVIEW :- whether request to modify development consent for a gold mine outside scope of s 75W Environmental Planning and Assessment Act 1979 - whether "modification" in s 75W permits radical transformation of terms of development consent - whether proposed changes constituted a radical transformation of terms of development consent - whether fraudulently misleading conduct by proponent in relation to the modification request - legal elements of fraud - whether Minister's decision under cl 8J(8) Environmental Planning and Assessment Regulation 2000 invalid because Minister failed to consider a relevant matter or because proposed period of mine operations exceeded terms of proponent's lease - whether, consequently, Director-General's decision to notify environmental assessment requirements in relation to modification request invalid - whether privative clause s 75X(4) applicable.

Environmental Planning and Assessment Act 1979, ss 5(a), 75B, 75D, 75F, 75J, 75V(1)(c), 75W, 75X(2), 75X(4), 96, 101, 119(1), Pt 3A, Pt 4 Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 Environmental Planning and Assessment Regulation 2000, cll 8G, 8J(8), 115, 283 Interpretation Act 1987, s 7 LEGISLATION CITED: Local Government Act 1919, s 342AS Mine Health and Safety Act 2004 Mining Act 1992, s 65(2) Occupational Health and Safety Act 2000, s 93 State Environmental Planning Policy (Major Projects) 2005, cl 6