AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWLEC 76

AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWLEC 76

The Court has the power under s 38(2) of the Land and Environment Court Act 1979 to permit a non-party to participate in a s 34 Conciliation Conference to provide limited written submissions assisting the Senior Commissioner regarding the Court's power to impose conditions under s 75W related to cessation of mining of the Piercefield seam and coal handling above ground infrastructure. Participation as amicus curiae was unnecessary to address, and any further participation at hearing is premature.

Jurisdiction
Australia
Judgment Date
16 July 2021
Procedural Posture
Class 1 / Ruling on Notice of Motion for Leave to Be Heard at Conciliation Conference or Hearing
Outcome
Leave for limited non-party participation granted
Legal Topics
['conciliation Conference Participation' 'joinder and Participation of Non Parties' 'amicus Curiae' 'powers Under S 38 Land and Environment Court Act']
['environmental Law' 'civil Procedure'] ['conciliation Conference Participation' 'joinder and Participation of Non Parties' 'amicus Curiae' 'powers Under S 38 Land and Environment Court Act']

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Procedural Posture

Class 1 / Ruling on Notice of Motion for Leave to Be Heard at Conciliation Conference or Hearing

Legal Issues

  1. 1 ['Does the Court have power to permit non-party participation in a s 34 Conciliation Conference via a Double Bay Marina Order?' "Should Hunter Thoroughbred Breeders Association be granted leave to make submissions regarding the Court's power to impose certain conditions under s 75W?" 'Is there a basis for permitting participation as amicus curiae?']

Ratio Decidendi

The Court has the power under s 38(2) of the Land and Environment Court Act 1979 to permit a non-party to participate in a s 34 Conciliation Conference to provide limited written submissions assisting the Senior Commissioner regarding the Court's power to impose conditions under s 75W related to cessation of mining of the Piercefield seam and coal handling above ground infrastructure. Participation as amicus curiae was unnecessary to address, and any further participation at hearing is premature.

Court Disposition

Leave for limited non-party participation granted

Orders

  • ['Leave is granted pursuant to s 38(2) Land and Environment Court Act 1979 to Hunter Thoroughbred Breeders Association to file written submissions (max 10 pages, 12pt font) on limited issues related to the power to impose specified conditions on the modification approval, specifically only as to cessation of mining...