Hunter Community Environment Centre Inc v Minister for Planning [2011] NSWLEC 40

Land and Environment Court New South Wales

Medium Neutral Citation: Hunter Community Environment Centre Inc v Minister for Planning [2011] NSWLEC 40 Hearing dates: 11 March 2011 Decision date: 11 March 2011 Jurisdiction: Class 4 Before: Biscoe J Decision: The hearing dates of 31 March and 1 April 2011 are vacated. Parties are to promptly re-list these proceedings for directions after judgment is delivered in the earlier proceedings 40423/10 and 40424/10, and in any event are to list these proceedings for directions by no later than 29 April 2011 Catchwords: PRACTICE AND PROCEDURE - application to vacate hearing dates. Category: Procedural and other rulings Parties: Hunter Community Environment Centre Inc (Applicant) Minister for Planning (First Respondent) Delta Electricity (Second Respondent) Representation: Counsel: Ms S Pritchard (Applicant) Mr J Hutton (First Respondent) Mr A M Pickles (Second Respondent) Solicitors: Environmental Defender's Office (Applicant) Department of Planning (First Respondent) Clayton Utz (Second Respondent) File Number(s): 40922 of 2010

EX TEMPORE Judgment 1This is a motion by the first respondent, the Minister for Planning, to vacate the hearing dates of 31 March and 1 April 2011. The motion is supported by the other parties. The proceedings challenge the validity of two decisions of the Minister in relation to the Munmorah Power Station rehabilitation. Those decisions are a critical infrastructure declaration and a project approval under Part 3A of the Environmental Planning and Assessment Act 1979. 2There are two earlier proceedings in this Court 40423/10 and 40424/10, in respect of which judgment has been reserved, challenging the validity of decisions of the Minister in respect of the Bayswater B Power Station and the Mount Piper Power Station. Those decisions are critical infrastructure declarations and concept plan approvals under s 75O of the Act. Judgment is not expected before 31 March 2011. There is overlap between the facts alleged in the two earlier proceedings and these proceedings and there are some substantial identical issues, as well as overlapping issues. 3It is submitted that, having regard to those matters, there is good reason for the preparation of written submissions and the hearing of these proceedings to await the delivery of judgment in the earlier proceedings. I accept the submission. 4Accordingly, the hearing dates of 31 March and 1 April 2011 are vacated. The parties are to promptly re-list these proceedings for directions after judgment is delivered in the earlier proceeding 40423/10 and 40424/10, and in any event are to list these proceedings for directions by no later than 29 April 2011.