Hume Coal Pty Limited v Alexander (No 3) [2013] NSWLEC 58

Land and Environment Court New South Wales

Medium Neutral Citation: Hume Coal Pty Limited v Alexander (No 3) [2013] NSWLEC 58 Hearing dates: 18 February 2013 Decision date: 03 May 2013 Before: Sheahan J Decision: 1. The Court declares that the Plaintiff has a right to use the Carriageway to access the Land to carry out prospecting pursuant to the access arrangement between it and Robert Koltai, Exploration Licence 349, and the Mining Act 1992. 2. The Court grants an injunction, pursuant to section 295 of the Mining Act 1992, restraining the Defendants from: (a) preventing the Plaintiff using the Carriageway to access the Land to carry out prospecting from the date of the order; and (b) restraining the Defendants from inviting or allowing third parties on to the Carriageway for the purposes of preventing the Plaintiff from using the Carriageway to access the Land to carry out prospecting from the date of the order. 3. The Court orders that the Defendants prevent, or take reasonable steps to prevent, third parties on the Defendants' land from preventing the Plaintiff from using the Carriageway to access the Land to carry out prospecting for a period of two months from the date of the order. 4. Costs are reserved. 5. All exhibits may be returned. Catchwords: INJUNCTIONS AND DECLARATIONS: statutory injunction under the Mining Act 1992 - access to sites selected for prospecting activity blocked by objectors - use of right of carriageway on land owned by objectors - impact of restrictive covenants affecting relevant lands - primacy of legislation Legislation Cited: Environmental Planning and Assessment Act 1979 Mining Act 1992 Mining Regulation 2010 Cases Cited: Hume Coal Pty Ltd v Alexander [2012] NSWLEC 267 Hume Coal Pty Ltd v Alexander (No 2) [2012] NSWLEC 278 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 R & R Fazzolari Pty Ltd v Parramatta City Council [2009] HCA 12; 237 CLR 603 Toll v Alphapharm [2004] HCA 52; 219 CLR 165 Category: Principal judgment Parties: Hume Coal Pty Limited (Plaintiff) Ross Alexander (First Defendant) Margaret Anne Alexander (Second Defendant) Representation: Mr R C Beasley SC (Plaintiff) Ms J Needham SC, and Mr S Chapple (Defendants) Minter Ellison (Plaintiff) Environmental Defender's Office (Defendants) File Number(s): 81128 of 2012