Metgasco Limited v Minister for Resources and Energy [2015] NSWSC 453

Supreme Court New South Wales

Medium Neutral Citation: Metgasco Limited v Minister for Resources and Energy [2015] NSWSC 453 Hearing dates: 20-21 October 2014 Decision date: 24 April 2015 Jurisdiction: Common Law Before: Button J Decision: (1) It is declared that the decision of the Minister, by his delegate, on 14 May 2014 (the First Decision) to suspend specified operations under Petroleum Exploration Licence No 16 (PEL 16), being the construction of the Rosella E01 conventional gas exploration well approved by the Minister's delegate on 6 February 2014 (the Approved Activity), was not made according to law. (2) It is declared that the decision of the Minister, by his delegate, on 26 June 2014 (the Second Decision) to confirm the First Decision was not made according to law. (3) The First Decision is quashed. (4) The Second Decision is quashed. (5) The first defendant must pay the costs of the plaintiff of the proceedings before me. Catchwords: JUDICIAL REVIEW – error of law – decisions of the Minister for Resources and Energy by his delegate to suspend mining operations pursuant to s 22(3A) of the Petroleum (Onshore) Act 1991 (NSW) – whether decisions to suspend operations were made according to law – whether certiorari should be granted Legislation Cited: Petroleum (Onshore) Act 1991 (NSW), ss 3, 22, 22(3A), 22(3A)(b), 22(3B)(b), 22(6), 22(6)(a), 22(6)(b), 22(6)(c), 22(7), 136A Cases Cited: Minister for Aboriginal Affairs v Peko Wallsend Ltd [1986] HCA 40; 162 CLR 24 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Category: Principal judgment Parties: Metgasco Limited (Plaintiff) Minister for Resources and Energy (First Defendant) NSW Department of Trade and Investment, Office of Coal Seam Gas (Second Defendant) Representation: Counsel: Mr B Walker SC (Plaintiff) Ms A Mitchelmore (Plaintiff) Mr J R Kirk SC (First Defendant) Mr P D Herzfeld (First Defendant)