4nature Incorporated v Centennial Springvale Pty Ltd [2017] NSWCA 191

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: 4nature Incorporated v Centennial Springvale Pty Ltd [2017] NSWCA 191 Hearing dates: 31 May 2017 Decision date: 02 August 2017 Before: Beazley P at [1]; Basten JA at [2]; Leeming JA at [89] Decision: (1) Allow the appeal and set aside the order of the Land and Environment Court made on 13 September 2016 dismissing the amended summons dated 24 February 2016.

(2) Order that the respondents to the appeal pay the costs of the appellant in this Court. Catchwords: ADMINISTRATIVE LAW – challenge to validity of State significant development consent for proposed extension of Springvale coal mine – consent authority's satisfaction that development would have "a neutral or beneficial effect" on water quality required – whether consent authority's approach valid

ENVIRONMENT AND PLANNING – challenge to validity of State significant development consent for proposed extension of Springvale coal mine – development must have "a neutral or beneficial effect" on water quality under State Environment Planning Policy (Sydney Drinking Water Catchment) 2011 (NSW) cl 10(1) – nature of comparison required

STATUTORY INTERPRETATION – delegated legislation – no general principle requiring laxity or flexibility in construction – adherence to basic principles of statutory construction – focus on text and context Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 23B, 23D, 23F, 34B, 75W, 79C, 89C, 89D, 89E, 89H, 89L; Div 1 Pt 3; Div 4.1; Pt 4 Mining Act 1992 (NSW), s 73 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (NSW), cl 7 State Environmental Planning Policy (State and Regional Development) 2011 (NSW), cll 5, 8; Sch 1 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 (NSW), cll 4, 10 Water NSW Act 2014 (NSW), Pt 4 Cases Cited: Buck v Bavone (1976) 135 CLR 110; [1976] HCA 24. Day v Harness Racing New South Wales (2014) 88 NSWLR 594; [2014] NSWCA 423 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611; [1999] HCA 21 Tovir Investments Pty Ltd v Waverly Council [2014] NSWCA 379 Woolworths Ltd v Pallas Newco Pty Ltd (2004) 61 NSWLR 707; [2004] NSWCA 422 Texts Cited: "Neutral or Beneficial Effect on Water Quality Assessment Guideline 2011", Government Gazette (NSW), No 6 (21 January 2011), p 182