Pasminco Cockle Creek Smelter Pty Ltd (subject to Deed of Company Arrangement) v Minister for Planning [2018] NSWLEC 130

Land and Environment Court New South Wales

Medium Neutral Citation: Pasminco Cockle Creek Smelter Pty Ltd (subject to Deed of Company Arrangement) v Minister for Planning [2018] NSWLEC 130 Hearing dates: 6–8 August 2018 Date of orders: 29 August 2018 Decision date: 29 August 2018 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders that the appeal is dismissed. Catchwords: APPEAL – project approval – application to modify approval – requested changes to terms of approval – land on which project carried out subdivided and some lots sold – consent of owners of subdivided lots not obtained for modification application – whether owners' consent required – no power to determine modification application Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4(1), 75A, 75B, 75J, 75K, 75W, 80A(1)(b) and (5) Environmental Assessment and Planning Regulation 2000 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 Sch 2 cl 3BA, Sch 4 cl 8F Protection of the Environment Operations Act 1997 State Environmental Planning Policy (Major Projects) 2005 Sch1 cl 28(b) Cases Cited: Platform Project Services Pty Ltd v Minister for Planning [2017] NSWLEC 102 Waverley Council v Hairis Architects (2002) 123 LGERA 100; [2002] NSWLEC 180 Windy Dropdown Pty Ltd v Warringah Council (2000) 111 LGERA 299; [2000] NSWLEC 240 Category: Principal judgment Parties: Pasminco Cockle Creek Smelter Pty Ltd (subject to Deed of Company Arrangement) (Applicant) Minister for Planning (Respondent) Representation: Counsel: Mr T Howard SC (Applicant) Ms J Needham SC, Ms J McKelvey (Respondent)