Moolarben Coal Mines Pty Ltd v Director-General of the (former) Department of Industry and Investment NSW (Agriculture Division); Moolarben Coal Mines Pty Ltd v Director-General of the Department Trade and Investment, Regional Infrastructure and Services [2011] NSWLEC 191

Land and Environment Court New South Wales

Medium Neutral Citation: Moolarben Coal Mines Pty Ltd v Director-General of the (former) Department of Industry and Investment NSW (Agriculture Division); Moolarben Coal Mines Pty Ltd v Director-General of the Department Trade and Investment, Regional Infrastructure and Services [2011] NSWLEC 191 Hearing dates: 17 October 2011, 18 October 2011, 19 October 2011 Decision date: 08 November 2011 Jurisdiction: Class 4 Before: Moore AJ Decision: 1. A declaration that the agricultural land determination made by the first respondent in response to the third respondent's objection in relation to Mining Lease Application No 331 over land owned by the third respondent is invalid and of no effect. 2. An order that the third respondent pay the applicant's costs of these proceedings. Catchwords: JUDICIAL REVIEW - whether an applicant for mining lease entitled to be heard on agricultural land objection - whether the applicant in this matter was denied procedural fairness - whether decision maker required to consider two relevant dates - whether decision maker failed to consider two dates - whether decision sufficiently certain - whether decision manifestly unreasonable - whether Wednesbury unreasonableness is to be ascertained only by reference to material before decision maker Legislation Cited: Mining Act 1992 Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446 Bushell v Environment Secretary [1981] AC 75 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] 49 FCR 576 East Melbourne Group v Minister for Planning [2008] 166 LGERA 1 Maricic v The Registrar, Workers Compensation Commission [2011] NSWCA 42 McCormack v Commissioner of Taxation (2001) 114 FCR 574 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 Minister for Immigration and Multicultural Affairs v Eshetu [1999] 197 CLR 611 Minister for Local Government v South Sydney City Council [2002] 123 LGERA 367 Plaintiff M61/2010E v Commonwealth [2010] 272 ALR 14 Plaintiff M61/2010E v Commonwealth [2010] 272 ALR 14 Re Association of Architects of Australia ex parte MOAA [1989] 63 ALJR 298 Re Minister for Immigration and Multicultural Affairs ex parte Miah [2001] 206 CLR 57 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] 231 ALR 592 Ulan Coal Mines Ltd v Minister for Planning (2008) LGERA 20 at [49]-[50] Upham v The Grand Hotel (SA) Pty Ltd (1999) 74 SASR 557 Woolworths Ltd v Pallas Newco Pty Ltd (2004) 61 NSWLR 707 Category: Principal judgment Parties: Moolarben Coal Mines Pty Ltd ACN108 601 672 (Applicant) Director-General of the (former) Department of Industry and Investment NSW (Agriculture Division) (First respondent) Director-General of the (former) Department of Industry and Investment NSW (Minerals Division) (Second respondent) Ulan Coal Mines Ltd ACN 000 189 248 (Third respondent) Moolarben Coal Mines Pty Ltd ACN108 601 672 (Applicant) Director General of the Department Trade and Investment, Regional Infrastructure and Services (First respondent) Ulan Coal Mines Ltd ACN 000 189 248 (Second respondent) Representation: Mr M J Leeming SC with Ms V R Brigden (Applicant) Mr I V Knight (submitting appearance) (First and Second Respondents) Mr J E Griffiths SC with Mr R C Beasley SC (Third Respondent) Mr M J Leeming SC with Ms V R Brigden (Applicant) Mr I V Knight (submitting appearance) (First and Second Respondents) Sparke Helmore Lawyers (Applicant) Crown Solicitor (First and Second Respondents) McCullough Robertson Lawyers (Third Respondent) Sparke Helmore Lawyers (Applicant) Crown Solicitor (First and Second Respondents) File Number(s): 40623 of 2011 80373 of 2011