Mansfield v Minister for Planning and Hanson Construction Materials Pty Ltd [2012] NSWLEC 1063

Land and Environment Court New South Wales

Medium Neutral Citation: Mansfield v Minister for Planning and Hanson Construction Materials Pty Ltd [2012] NSWLEC 1063 Hearing dates: 5, 6, 7, 8 September, 25 October 2011; written submissions 2 November 2011 Decision date: 19 March 2012 Jurisdiction: Class 1 Before: Pearson C Johnson AC Decision: Paragraph [128] Catchwords: Appeal - objector appeal against Minister's decision to approve quarry - presence and location of naturally occurring asbestos - precautionary principle - mitigation measures - adequacy of asbestos management plan Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 Land and Environment Court Act 1979 Protection of the Environment Administration Act 1991 State Environmental Planning Policy No 33 - Hazardous and Offensive Development Cabonne Local Environmental Plan 1991 Cases Cited: Mansfield v Minister for Planning & Anor [2011] NSWLEC 1289 Minister for Planning v Walker (2008) 161 LGERA 423 Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council & Anor [2010] NSWLEC 48 Telstra Corporation Ltd v Hornsby Shire Council [2006] NSWLEC 133 Ulan Coal Mines Ltd v Minister for Planing & Moolarben Coal Mines Pty Ltd [2008] NSWLEC 185 Category: Principal judgment Parties: David Mansfield (Applicant) Minister for Planning (First Respondent) Hanson Construction Materials Pty Ltd (Second Respondent) Representation: Counsel C Leggatt SC with V McWilliam (Applicant) J Hutton (First Respondent) N Hemmings QC (Second Respondent) Solicitors Addisons (Applicant) Legal Services Department of Planning (First Respondent) Allens Arthur Robinson (Second Respondent) File Number(s): 10124 of 2011