NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Dean v Minister for Planning and Andros Australia Pty Limited [2007] NSWLEC 779
APPLICANT Annika Dean
PARTIES : FIRST RESPONDENT Minister for Planning
SECOND RESPONDENT Andros Australia Pty Limited
FILE NUMBER(S) : 40889 of 2007
CORAM: Preston CJ
KEY ISSUES: Judicial Review :- approval of coal mining project - power to approve not available if carrying out of project "wholly prohibited" under applicable environmental planning instrument by operation of a statutory provision - project permissible with consent on some land but prohibited on other land - project not wholly prohibited
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 (NSW) Pt 3A, s 4(1), s 75B, s 75J, s 75R, s 76B Environmental Planning and Assessment Model Provisions 1980 cl 35
Arnold (on behalf of Australians for Animals) v Queensland (1987) 73 ALR 607; Blue Mountains City Council v Laurence Browning Pty Ltd (2006) 150 LGERA 130; CASES CITED: Foodbarn Pty Ltd v Solicitor-General (1975) 32 LGRA 157; Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; Strathfield Municipal Council v Poynting (2001) 116 LGERA 319
DATES OF HEARING: 26 November 2007
DATE OF JUDGMENT: 28 November 2007
APPLICANT Ms M Perry QC with her Mr R M Foreman SOLICITORS Environmental Defenders' Office Ltd
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