Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 2) [2014] NSWLEC 129

Land and Environment Court New South Wales

Medium Neutral Citation: Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 2) [2014] NSWLEC 129 Hearing dates: 2-4, 6, 9-13, 16-19 September 2013, directions 10 March 2014, further submissions and directions 20 March 2014, directions 10 April 2014, directions 16 May 2014, written submissions 30 May, 17 June, 26 June and 2 July 2014 Decision date: 27 August 2014 Jurisdiction: Class 1 Before: Pain J Decision: See paragraph 530 Catchwords: APPEAL - objector appeal against Planning Assessment Commission's decision to approve an open-cut coal mine under Part 3A of the Environmental Planning and Assessment Act 1979 - impact on Aboriginal cultural heritage - impact on the long term functionality of agricultural land - impact on groundwater - protection of downstream water users - air quality health impacts and social and economic effects of mitigation measures - economic modelling of costs and benefits - conditional approval possible Legislation Cited: Commons Management Act 1989 s 4, s 14, Crown Lands Act 1989 Environment Operations (Hunter River Salinity Trading Scheme) Regulation 2002 Environmental Planning and Assessment Act 1979 s 4, Pt 3A, s 75J, s 75L, s 75R, cl 2 Sch 6A, cl 3 Sch 6A Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 Environmental Planning and Assessment Regulation 2000 cl 8F, Sch 3 Land and Environment Court Act 1979 s 17, s 39 Mining Act 1992 National Environment Protection Council Act 1994 (Cth) s 15 National Parks and Wildlife Act 1974 s 84, s 90A Protection of the Environment Administration Act 1991 s 6 Protection of the Environment Operations Act 1997 Protection of the Environment Operations (Hunter River Salinity Trading Scheme) Regulation 2002 Singleton Local Environmental Plan 1996 Pt 3 State Environmental Planning Policy (Major Projects) 2005 cl 6, Sch 1 cl 5 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 cl 12, cl 14 Uniform Civil Procedure Rules 2005 Sch 7 cl 5 Water Management Act 2000 s 60A Water Management (General) Regulation 2004 (repealed) Water Management (General) Regulation 2011 cl 18, Sch 1, Sch 5 Pt 1 cl 12 Cases Cited: Anderson v Director-General of the Department of Environment and Conservation [2006] NSWLEC 12; (2006) 144 LGERA 43 Ashton Coal Operations Pty Limited v Director-General, Department of Environment, Climate Change and Water (No 3) [2011] NSWLEC 1249 Associated Minerals Consolidated Ltd v Wyong Shire Council [1975] AC 538 Grace Bros Pty Ltd v Willoughby Municipal Council (1981) 44 LGRA 422 Gray v Minister for Planning [2006] NSWLEC 270; (2006) 152 LGERA 258 Hunter Environment Lobby Inc v Minister for Planning [2011] NSWLEC 221 Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 3) [2014] NSWLEC 130 Ironstone Community Action Group Inc v NSW Minister for Planning [2011] NSWLEC 195 Olofsson v Minister for Primary Industries (No 2) [2011] NSWLEC 181 Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133; (2006) 67 NSWLR 256 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council [2003] NSWCA 289; (2003) 129 LGERA 195 White Mining (NSW) Pty Ltd, Austral-Asia Coal Holdings Pty Ltd & ICRA Ashton Pty Ltd/Scott Franks & Anor (Plains Clans of the Wonnarua People)/New South Wales [2011] NNTTA 110 Category: Principal judgment Parties: Hunter Environment Lobby Inc (Applicant) Minister for Planning and Infrastructure (First Respondent) Ashton Coal Operations Pty Ltd (Second Respondent) Representation: Mr R D White with Ms C Novak (Applicant) Mr S Free with Mr N Kelly (First Respondent) Mr A Galasso SC with Mr C Ireland (Second Respondent) Environmental Defender's Office (Applicant) Legal Services Branch, Department of Planning and Infrastructure (First Respondent) McCullough Robertson Lawyers (Second Respondent) File Number(s): 11154 of 2012