Gloucester Resources Limited v Minister for Planning and Environment (No 2) [2018] NSWLEC 1200

Land and Environment Court New South Wales

Medium Neutral Citation: Gloucester Resources Limited v Minister for Planning and Environment (No 2) [2018] NSWLEC 1200 Hearing dates: 20 April 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) That Groundswell Gloucester is joined as a party to these proceedings pursuant to s8.15 (2) (a) and (b) of the Environmental Planning and Assessment Act 1979. (2) The hearing dates of 13 August 2018 to 31 August 2018 are confirmed. Directions at [39]. Catchwords: PARTIES – joinder of party – state significant development open cut coal mine- community group raising issues not addressed by existing parties – permissibility of the proposed development – social impact on the residents and community – climate change – intergenerational equity – joinder of community group necessary to sufficiently address issues Legislation Cited: Carbon Credits (Carbon Farming Initiative ) Act 2011 Civil Procedure Act 2005 Clean Energy Act 2011 (Cth) Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Avalon Beach Property Pty limited CAN 609856224 as Trustee for the Avalon Beach Property Trust v Northern Beaches Council [2017] NSWLEC 130 Barrington Gloucester –Stroud Preservation Alliance v Minister for Planning and Infrastructure (2012) 194 LGERA 113; [2012] NSWLEC 197 Bongiorno Hawkins Frassetto & Associates Pty v Griffith City Council [2007] NSWLEC 205 Hunter Environmental Lobby v Minister for Planning (No 2) [2012] NSWLEC 40 Manderrah Pty Ltd v Woollahra Municipal Council (No 2) [2013] NSWLEC 115 Morrison Design v North Sydney (2007) 159 LGERA 361; [2007] NSWLEC 802 Pro Vision Developments Pty Ltd v Ku ring gai Municipal Council (2003) 131 LGERA 108; [2003] NSWLEC 226 State Government Insurance Agency v Trigwell (1979) 142 CLR 617; [1979] HCA 40 Category: Principal judgment Parties: Groundswell Gloucester Inc. (Intervener) Gloucester Resources Limited (First Respondent) Minister for Planning (Second Respondent) Representation: Counsel: R White (Intervener) C Ireland (Respondents)