SHCAG Pty Ltd v Minister for Planning and Infrastructure and Boral Cement Limited [2013] NSWLEC 1032

Land and Environment Court New South Wales

Medium Neutral Citation: SHCAG Pty Ltd v Minister for Planning and Infrastructure and Boral Cement Limited [2013] NSWLEC 1032 Hearing dates: 4-8 February, 2013 Decision date: 27 February 2013 Jurisdiction: Class 1 Before: O'Neill C and Adam AC Decision: 1. The appeal is upheld. 2. Major Project Application Number MP 10_0172 for the continued operation of the Berrima Colliery until 30 April 2020 is refused. 3. The exhibits, other than exhibits 1, 4, A, O, and P, are returned. Catchwords: APPEAL: objector appeal against Minister's decision to grant consent to the continued operation of the Berrima Colliery; impact on the overlying aquifer and availability of groundwater to landholders; impact on stygofauna and groundwater ecosystems; impact of mine discharge on the health of the Wingecarribee River; resident objectors. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Mining Act 1992 Cases Cited: Ironstone Community Action Group Inc v New South Wales Minister for Planning and Duralie Coal Pty Limited [2011] NSWLEC 195 Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited [2010] NSWLEC 48 Gerroa Environment Protection Society Inc v Minister for Planning and Cleary Bros (Bombo) Pty Ltd [2008] NSWLEC 173 Minister for Planning v Walker (2008) 161 LGERA 42 Telstra Corporation Limited v Hornsby Shire Council (2006) 146 LGERA 10 Mison & Anor v Randwick Municipal Council & Anor (1991) 23 NSWLR 734 Category: Principal judgment Parties: Southern Highlands Coal Action Group Pty Ltd (SHCAG) (Applicant) Minister for Planning and Infrastructure (First Respondent) Boral Cement Limited (Second Respondent) Representation: Counsel Mr Ian Hemmings with Mr Nick Eastman (Applicant) Mr James Hutton (First Respondent) Mr Clifford Ireland (Second Respondent) Solicitors Environmental Defenders Office (Applicant) Legal Services Department of Planning and Infrastructure (First Respondent) Minter Ellison Lawyers (Second Respondent) File Number(s): 10752 of 2012