Ironstone Community Action Group Inc v NSW Minister for Planning and Duralie Coal Pty Ltd (No 2) [2012] NSWLEC 14

Land and Environment Court New South Wales

Medium Neutral Citation: Ironstone Community Action Group Inc v NSW Minister for Planning and Duralie Coal Pty Ltd (No 2) [2012] NSWLEC 14 Hearing dates: Orders made in chambers Decision date: 10 February 2012 Jurisdiction: Class 1 Before: Preston CJ Decision: Orders as set out at [4] Catchwords: FINAL ORDERS - accidental slip or omission - correction of orders by consent Legislation Cited: Uniform Civil Procedure Rules 2005 Pt 36 r 36.17 Cases Cited: Ironstone Community Action Group Inc v NSW Minister for Planning and Duralie Coal Pty Ltd [2011] NSWLEC 195 Category: Consequential orders Parties: Ironstone Community Action Group Inc (Applicant) NSW Minister for Planning (First Respondent) Duralie Coal Pty Ltd (Second Respondent) Representation: Environmental Defender's Office (Applicant) Legal Services, Department of Planning (First Respondent) Blake Dawson (Second Respondent) File Number(s): 10090 of 2011

Judgment 1On 10 November 2011, I gave judgment upholding the appeal and granting approval to the project application for an extension to the Duralie Coal Mine referred to in Schedule 1 to the reasons for judgment and on the conditions referred to in Schedules 2 to 5 of the approval in Annexure A to the reasons for judgment: Ironstone Community Action Group Inc v NSW Minister for Planning and Duralie Coal Pty Ltd [2011] NSWLEC 195. By accidental slip or omission, a sub-condition of approval concerning the salinity trigger levels for discharge from irrigation areas, which I had found should be included in condition 29 of the approval (in paragraphs 149-150 of the reasons for judgment), was not included in the final orders made. 2The applicant, by notice of motion filed on 7 February 2012, has applied to correct the final orders by including the omitted sub-condition. All parties consent to the Court correcting the orders by including the omitted sub-condition. The Court has power to do so under Pt 36 r 36.17 of the Uniform Civil Procedure Rules 2005. The parties consent to the Court dealing with the notice of motion on the papers in chambers. 3I consider it is appropriate to correct the final orders made by including the accidentally omitted sub-condition in condition 29 of the approval. 4Accordingly, the Court orders by consent, that: 1. Pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005, the second bullet point in Condition 29(b) in Schedule 3 of the approval in Annexure A to the orders made by the Court on 10 November 2011 be amended to include the following additional requirement (with the additional words in bold and underlined) for inclusion in the Surface Water Management Plan: + An irrigation management plan for the irrigation system under the water management system, which includes: o salinity trigger levels for controlling discharges from the irrigation areas to Coal Shaft Creek and the unnamed tributary, representing the 80 th percentile value of the relevant data set for the creek/unnamed tributary and Mammy Johnsons River in accordance with the methodology in ANZECC/ARMCANZ (2000), Australian Water Quality Guidelines for Fresh and Marine Water Quality, National Water Quality Management Strategy; and o provision of an automated first flush system for the additional irrigation areas (Northern Areas) shown in the figure in Appendix 4.