Williams v NSW Minister for Planning (No 3) [2010] NSWLEC 204

Land and Environment Court of New South Wales

CITATION : Williams v NSW Minister for Planning (No 3) [2010] NSWLEC 204

APPLICANT: Neville "Chappie" Williams

PARTIES : FIRST RESPONDENT: NSW Minister for Planning

SECOND RESPONDENT: Barrick (Cowal) Ltd

FILE NUMBER(S) : 40890 of 2009

CORAM: Biscoe J

KEY ISSUES: JUDICIAL REVIEW :- challenge to validity of modifications to development consent for a gold mine granted by Minister – whether Minister failed to consider mandatory relevant matters – whether Minister satisfied that the consent as modified was substantially the same development as the development for which the consent was originally granted – whether Minister motivated by a collateral purpose.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979, Part 3A, ss 75I, 75J, 75W, 79C, 96 Environmental Planning and Assessment Regulation 2000

Barrick Australia Ltd v Williams [2009] NSWCA 275, 74 NSWLR 733 Foster v Minister for Customs and Justice [2000] HCA 38, 200 CLR 442 Gales Holdings Pty Ltd v Minister for Infrastructure and Planning [2006] NSWCA 388, 69 NSWLR 156 Kindimindi Investments Pty Ltd v Lane Cove Council [2006] NSWCCA 23, 143 LGERA 277 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40, 162 CLR 24 CASES CITED: Minister for Immigration and Citizenship v SZMDS [2010] HCA 16, 240 CLR 611 Minister for Local Government v South Sydney City Council [2002] NSWCA 288, 55 NSWLR 381 Minister for Planning v Walker [2008] NSWCA 224, 161 LGERA 423 Tugun Cobaki Alliance Inc v Minister for Planning and RTA [2006] NSWLEC 396 Walker v Minister for Planning [2007] NSWLEC 741, 157 LGERA 124 Williams v Minister for Planning [2009] NSWLEC 5, 164 LGERA 204