Darkinjung Local Aboriginal Land Council v Minister for Planning and Infrastructure & Anor; Australian Walkabout Wildlife Park Pty Limited (ACN 115 219 791) as Trustee for the Gerald and Catherine Barnard Family Trust v Minister for Planning and Infrastructure & Anor [2015] NSWLEC 1465

Land and Environment Court New South Wales

Medium Neutral Citation: Darkinjung Local Aboriginal Land Council v Minister for Planning and Infrastructure & Anor; Australian Walkabout Wildlife Park Pty Limited (ACN 115 219 791) as Trustee for the Gerald and Catherine Barnard Family Trust v Minister for Planning and Infrastructure & Anor [2015] NSWLEC 1465 Hearing dates: 1 September – 5 September, 8 September – 12 September 2014, 16 March – 18 March, 20 March, 23 March – 25 March 2015 – written submission on 13 April 2015 Date of orders: 17 November 2015 Decision date: 17 November 2015 Jurisdiction: Class 1 Before: Dixon C and Sullivan AC Decision: (1) The appeals are upheld. (2) The amended application for the Calga Sand Quarry Project (06 - 0278) is refused. (3) The exhibits are returned. Catchwords: APPEAL – Development Consent – Environmental Planning and Assessment Act 1979 (NSW) Pt. 3A -Major project – Objector appeal – Balancing of environmental, social and economic considerations –– Aboriginal cultural heritage – Adequacy of investigation - Adequacy of consultation – Mitigation and management measures - Extent of buffer Legislation Cited: Aboriginal Land Rights Act 1983 (NSW)

Aboriginal Cultural Heritage Consultation Requirements for Proponents 2010

Australian ICOMOS Charter for Places of Cultural Significance 2013 (Burra Charter)

Code of Practice for Archaeological Investigations of Aboriginal Objects in NSW

Department of Environment, Climate Change and Water NSW, Action for Air, November 2009

Department of Environment, Climate Change and Water NSW, Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales, September 2010