Hunter Environment Lobby Inc v Minister for Planning (No 2) [2012] NSWLEC 40

Land and Environment Court New South Wales

Medium Neutral Citation: Hunter Environment Lobby Inc v Minister for Planning (No 2) [2012] NSWLEC 40 Hearing dates: 13 March 2012 Decision date: 13 March 2012 Jurisdiction: Class 1 Before: Pain J Decision: The conditions in relation to greenhouse gas emissions imposed by the Minister are appropriate. Catchwords: APPEAL - Class 1 appeal of major project - whether conditions requiring offsetting of scope 1 greenhouse gases should be imposed - application of recent Commonwealth legislation directed to reduction of greenhouse gases Legislation Cited: Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth) Clean Energy Act 2011 (Cth) s 30 Constitution s 109 Judiciary Act 1903 (Cth) National Greenhouse and Energy Reporting Act 2007 (Cth) Cases Cited: Hunter Environment Lobby Inc v Minister for Planning [2011] NSWLEC 221 Newbury District Council v Secretary of State for Environment [1981] AC 578; [1980] 1 All ER 731 Category: Principal judgment Parties: Hunter Environment Lobby Inc (Applicant) Minister for Planning (First Respondent) Ulan Coal Mines Ltd (Second Respondent) Representation: Mr P Clay SC (Applicant) Ms L McAndrew (S) (First Respondent) Mr A Galasso SC with Mr R Beasley SC (Second Respondent) Environmental Defender's Office Ltd (Applicant) Department of Planning, Legal Services (First Respondent) McCullough Robertson Lawyers (Second Respondent) File Number(s): 10998 of 2010