Ashton Coal Operations Pty Ltd v Hunter Environment Lobby Inc [2015] NSWCA 358

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ashton Coal Operations Pty Ltd v Hunter Environment Lobby Inc [2015] NSWCA 358 Hearing dates: 23 October 2015 Decision date: 20 November 2015 Before: Beazley P at [1]; Macfarlan JA at [2]; Gleeson JA at [38] Decision: Appeal dismissed with costs. Catchwords: LAND AND ENVIRONMENT – approval of an open-cut coal mine under the Environmental Planning and Assessment Act 1979, Part 3A – conditions of approval – project as approved required use of a parcel of land owned by a third party – condition imposed that the appellant must not carry out any development work on the project site until the appellant had purchased, leased or licensed that property – whether condition could be lawfully imposed – whether condition was an unreasonable exercise of the power to impose conditions – whether condition was inconsistent with the Environmental Planning and Assessment Regulation 2000, s 8F(1)(c) – whether condition was contrary to the public interest – whether condition was contrary to the Newbury test of reasonableness Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 (NSW), s 57 Cases Cited: Newbury District Council v Secretary of State for the Environment [1981] AC 578 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105; 86 NSWLR 527 Category: Principal judgment Parties: Ashton Coal Operations Pty Ltd (Appellant) Hunter Environment Lobby Inc (First Respondent) Minister for Planning and Environment (Second Respondent) Representation: Counsel: B Walker SC/C Ireland (Appellant) R White/M Seymour (First Respondent) Submitting Appearance (Second Respondent)