Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited [2010] NSWLEC 48

Land and Environment Court of New South Wales

CITATION : Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited [2010] NSWLEC 48

APPLICANT Newcastle & Hunter Valley Speleological Society Inc

PARTIES : FIRST RESPONDENT Upper Hunter Shire Council

SECOND RESPONDENT Stoneco Pty Limited

FILE NUMBER(S) : 10497 of 2009

CORAM: Preston CJ

APPEAL :- objector appeal against Council's decision to grant consent to limestone quarry – whether species impact statement ('SIS') required - whether endangered ecological community ('EEC') present on project site - whether vulnerable species listed under Threatened Species Conservation Act 1995 present on project site – whether likely significant impact on EEC or listed vulnerable species - no likely significant impact on EEC or vulnerable species – no SIS required - uncertainty as to presence of caves and cave-dwelling fauna on project site - whether quarry likely to cause serious or irreversible environmental damage – threat of environmental damage scientifically likely – precautionary principle applied – precautionary measures – monitoring and adaptive management - included in conditions of consent to prevent environmental damage – whether proposal is consistent with zone objectives - whether proposal is compatible with other land uses - whether improvements to road infrastructure adequately provided for in conditions of consent.

KEY ISSUES: PRECAUTIONARY PRINCIPLE: uncertainty as to presence of caves and cave-dwelling fauna on project site - whether quarry likely to cause serious or irreversible environmental damage – threat of environmental damage scientifically likely – precautionary principle applied – precautionary measures – monitoring and adaptive management - included in conditions of consent to prevent environmental damage.