Wollongong Coal Pty Ltd v Minister for Planning and Environment [2016] NSWLEC 154

Land and Environment Court New South Wales

Medium Neutral Citation: Wollongong Coal Pty Ltd v Minister for Planning and Environment [2016] NSWLEC 154 Hearing dates: 22 and 23 September 2016 Date of orders: 01 December 2016 Decision date: 01 December 2016 Jurisdiction: Class 4 Before: Moore J Decision: Summons dismissed; Applicant to pay the First Respondent's costs Catchwords: ENVIRONMENT AND PLANNING – judicial review of report of Planning Assessment Commission – Ground 1 – error asserted in Commission's reasoning – error alleged was that Commission had applied an impermissible test requiring satisfaction of cl 10(1) of State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 – error not established ENVIRONMENT AND PLANNING – judicial review of report of Planning Assessment Commission – Ground 2 – error asserted in Commission's reasoning – error alleged was that Commission alleged Commission had regard to impermissible matter being future cumulative mining impacts – error not established ENVIRONMENT AND PLANNING – severability – if finding on Ground 2 incorrect, relevant paragraphs of report severable Legislation Cited: Environmental Planning and Assessment Act 1979 ss 75J, 123, Pts 3A, 4 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment (Significance of Resource) 2015 cl 5 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 cll 7, 10, 13 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd (2009) 172 LGERA 338; [2009] NSWCA 226 Brimbella Pty Ltd v Mosman Municipal Council (1985) 79 LGERA 367 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Rivers SOS Inc v Minister for Planning (2009) 178 LGERA 347; [2009] NSWLEC 213 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Category: Principal judgment Parties: Wollongong Coal Pty Ltd (Applicant) Minister for Planning and Environment (First Respondent) Planning Assessment Commission (Second Respondent) Representation: Counsel: Mr N Williams SC/Mr D Hume, barrister (Applicant) Mr A Shearer and Ms T Phillips, barristers (First Respondent)