Lester v Minister for Planning & Ashton Coal Operations Pty Ltd [2011] NSWLEC 213

Land and Environment Court New South Wales

Medium Neutral Citation: Lester v Minister for Planning & Ashton Coal Operations Pty Ltd [2011] NSWLEC 213 Hearing dates: 14 November 2011, 15 November 2011, 16 November 2011 Decision date: 30 November 2011 Jurisdiction: Class 4 Before: Moore AJ Decision: The application be dismissed and the applicant pay the respondents' costs. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Rules 2007 Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Botany Bay City Council v Remath Investments No 6 Pty Ltd (2000) 50 NSWLR 312 Caroona Coal Action Group Inc. v Coal Mines Australia Pty Ltd (No 3) (2010) 173 LGERA 280 Minister for Immigration and Multicultural Affairs v Eshetu [1999] 197 CLR 611 Minister for Planning v Walker [2008] 161 LGERA 423 Oshlack v Richmond River Council (1993) 193 CLR 72 Project Blue Sky Inc v Australian Broadcasting Authority [1998] 194 CLR 355 Tugun Cobaki Alliance Inc v Minister for Planning [2006] NSWLEC 396 Ulan Coal Mines Ltd v Minister for Planning [2008] 160 LGERA 20 Wallaby Grip Ltd v QBE Insurance (Aust) Ltd (2010) 240 CLR 444 Category: Principal judgment Parties: Robert Lester (Applicant) Minister for Planning and Infrastructure (First Respondent) Ashton Coal Operations Pty Ltd (Second Respondent) Representation: Mr A L Oshlack, agent (Applicant) Ms A Mitchelmore, Ms V Bosnjak (First Respondent) Mr R Lancaster SC, Mr T Howard (Second Respondent) Not applicable (Applicant) Department of Planning and Infrastructure (First Respondent) McCullough Robertson (Second Respondent) File Number(s): 40840 of 2011