Lester v Ashton Coal Pty Limited [2012] NSWLEC 181

Land and Environment Court New South Wales

Medium Neutral Citation: Lester v Ashton Coal Pty Limited [2012] NSWLEC 181 Hearing dates: 22 June, 25-28 June 2012 Decision date: 10 August 2012 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court: (1) Dismisses the summons. (2) Reserves the question of costs. (3) Directs the parties, within 14 days, to apply to the Court to list the matter for a hearing on costs. Catchwords: CIVIL ENFORCEMENT - harm to Aboriginal objects - underground coal mining causing land subsidence - whether subsidence moved any Aboriginal object from the land on which it had been situated - whether subsidence damaged rock surface of grinding grooves - whether construction of a road by an unrelated company harmed any Aboriginal object - breaches not proven Legislation Cited: Environmental Planning and Assessment Act 1979 s 75U(1)(d), pts 3A, 4 National Parks and Wildlife Act 1974 ss 5(1), 86(1), 87(1), 193(1) Category: Principal judgment Parties: Robert Lester (Applicant) Ashton Coal Operations Pty Ltd (First Respondent) Chief Executive, Office of Environment and Heritage (Second Respondent) Representation: Ms B Nolan (Barrister) (Applicant) Mr A E Galasso SC with Mr T G Howard (First Respondent) Dr S E Pritchard (Barrister) (Second Respondent) Environmental Defender's Office (Applicant) McCullough Robertson Lawyers (First Respondent) Office of Environment and Heritage Legal Services (Second Respondent) File Number(s): 40628 of 2011