People for the Plains Incorporated v Santos NSW (Eastern) Pty Limited and Ors [2016] NSWLEC 93

Land and Environment Court New South Wales

Medium Neutral Citation: People for the Plains Incorporated v Santos NSW (Eastern) Pty Limited and Ors [2016] NSWLEC 93 Hearing dates: 17 and 18 May 2016 Date of orders: 01 August 2016 Decision date: 01 August 2016 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [109] and [110] Catchwords: CHARACTERISATION OF DEVELOPMENT – requirement for beneficial reuse of produced water from coal seam gas prospecting and assessment –proposed water treatment facility – proposed commercial lucerne cropping as beneficial use of water from the facility – can the proposed facility be characterised as being for prospecting or is it to be characterised as a waste disposal or treatment facility – analysis of the purpose served by the various elements in the proposed development – the elements up to and including the proposed facility are to be characterised as serving the purpose of petroleum prospecting or assessment – the proposed commercial lucerne cropping is not to be characterised as serving the purpose of petroleum prospecting or assessment or to be ancillary or subservient to that purpose STATUTORY INTERPRETATION – rights of license or lease holders confined, relevantly, to prospecting for petroleum and/or assessing deposits "on the land comprised in the" license or lease – is the meaning of "on the land" confined to the nominated petroleum title or should a wider, purposive interpretation be taken – approach to be taken to importing words into statutory provisions – when taken, the narrowest appropriate approach is to be preferred – additional words should be imported – purposive reading results in proposed facility to be regarded as permitted CHARACTERISATION OF DEVELOPMENT – commercial lucerne cropping proposed on land zoned RU1 Primary Production – consideration of the relevant portion of the land use table in the Narrabri Local Environmental Plan 2012 – commercial lucerne cropping falls within definition of "extensive agriculture" – "extensive agriculture" permitted in RU1 zone without development consent Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Narrabri Local Environmental Plan 2012 Petroleum (Onshore) Act 1991 Petroleum (Onshore) Regulation 2007 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Cases Cited: Chamwell Pty Limited v Strathfield Council [2007] NSWLEC 114; 151 LGERA 400 Cooper Brookes (Wollongong) Pty Limited v The Federal Commissioner of Taxation (1981) 147 CLR 297 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72; 152 ALR 83; 72 ALJR 578 Taylor v The Owners of Strata Plan 11564 & Ors [2014] HCA 9; 253 CLR 531 Wentworth Securities Ltd v Jones [1980] AC 74 Category: Principal judgment Parties: People for the Plains Incorporated (INC 130 14 43) (Applicant) Santos NSW (Eastern) Pty Limited (ACN 009 321 662) (First Respondent) Santos NSW Pty Limited (ACN 094 269 780) (Second Respondent) Secretary, NSW Department of Industry (Third Respondent) EnergyAustralia Narrabri Gas Pty Ltd (Fourth Respondent) Representation: Counsel: Mr J Johnson and Mr S Chapple, barristers (Applicant) Mr N Williams SC, Mr M Astill and Ms M Ellicott, barristers (First, Second and Fourth Respondents) Mr R Lancaster SC and Mr P Herzfeld, barrister (Third Respondent)