Rivers SOS Inc v Minister for Planning [2009] NSWLEC 213

Land and Environment Court of New South Wales

CITATION : Rivers SOS Inc v Minister for Planning [2009] NSWLEC 213

APPLICANT Rivers SOS Inc

PARTIES : FIRST RESPONDENT Minister for Planning

SECOND RESPONDENT Helensburgh Coal Pty Limited

FILE NUMBER(S) : 40691 of 2009

CORAM: Preston CJ

KEY ISSUES: JUDICIAL REVIEW :- approval of underground coal mining project - approval under Part 3A of Environmental Planning and Assessment Act 1979 - approval subject to conditions - condition requiring written approval of Director-General before undermining certain swamps - whether constructive failure to decide or invalid delegation in relation to undermining of swamps - whether required statutory notice given to Sydney Catchment Authority before approving project - whether State environmental planning policies (SEPPs) apply to the exercise of power to approve project under Part 3A - whether a provision requiring consideration of certain matters in a particular SEPP concerning mining applied to approval of project under Part 3A - whether condition requiring suitable offsets to compensate for impacts lacked finality or resulted in significantly different project - whether failure to hold public hearing in relation to a proposed revised mine plan in breach of statutory provisions or rules of natural justice.

Environmental Planning and Assessment Act 1979, Part 3, Part 3A, Part 4, s 4, s 23D, s 75A, s 75B, s 75C, s 75E, s 75F, s 75H, s 75I, s 75J, s 75R, s 77, s 80 LEGISLATION CITED: Environmental Planning and Assessment Amendment (Infrastructure and other Planning Reform) Act 2005 Mining Act 1992, s 74 Sydney Water Catchment Management 1998, s 47