Ashton Coal Operations Pty Limited v Director-General, Department of Environment, Climate Change and Water (No 3) [2011] NSWLEC 1249

Land and Environment Court New South Wales

Medium Neutral Citation: Ashton Coal Operations Pty Limited v Director-General, Department of Environment, Climate Change and Water (No 3) [2011] NSWLEC 1249 Hearing dates: 31 May, 2, 16, 20 June, 8 July 2011 Decision date: 25 August 2011 Jurisdiction: Class 1 Before: Pearson C Sullivan AC Decision: Parties to file amended draft Aboriginal Heritage Impact Permit and final orders to be made in chambers Catchwords: Appeal - Application for Aboriginal Heritage Impact Permit - Coal mine - Diversion of creek - Aboriginal objects - Consent orders Legislation Cited: National Parks and Wildlife Act 1974 National Parks and Wildlife Regulation 2009 Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Ashton Coal Operations Pty Ltd v Director-General, Department of Environment, Climate Change and Water [2011] NSWLEC 1162 Ashton Coal Operations Pty Ltd v Director General Department of Environment, Climate Change and Water (No 2) [2011] NSWLEC 116 Cranky Rock Road Action Group Inc v Cowra Shire Council (2006) 150 LGERA 81 Helman v Byron Shire Council (1995) 87 LGERA 349 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55 Category: Principal judgment Parties: Ashton Coal Operations Pty Limited (Applicant) Director-General, Department of Environment, Climate Change and Water (Respondent) Representation: Mr S Lloyd SC with Mr T Howard (Applicant) Dr S Pritchard (Respondent) Mr B Tobin, McCullough Robertson Lawyers (Applicant) Mr E Batemen, Office of Environment and Heritage (Respondent) File Number(s): 10335 of 2011