The Coastwatchers Association and anor v NSW Minister for Planning and Infrastructure and anor [2012] NSWLEC 1025

The Coastwatchers Association and anor v NSW Minister for Planning and Infrastructure and anor [2012] NSWLEC 1025

The expert evidence and amended conditions address applicant concerns about environmental impacts; procedural fairness was afforded to objectors; consent orders are lawful and appropriate.

Parties
First Applicant: The Coastwatchers Association Inc; Second Applicant: South East Region Conservation Alliance; First Respondent: NSW Minister for Planning and Infrastructure; Second Respondent: Big Island Mining Pty Ltd
Jurisdiction
Australia
Judgment Date
07 February 2012
Procedural Posture
Appeal / Final Determination by Consent Orders
Outcome
Appeal upheld and approval granted by consent, with no order as to costs.
Legal Topics
Gold Mining Project Approval, Environmental Impact Assessment, Transitional Provisions Under Repealed Legislation
Environmental Law Administrative Law Gold Mining Project Approval Environmental Impact Assessment Transitional Provisions Under Repealed Legislation

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Parties

The Coastwatchers Association Inc

First Applicant

South East Region Conservation Alliance

Second Applicant

NSW Minister for Planning and Infrastructure

First Respondent

Big Island Mining Pty Ltd

Second Respondent

Procedural Posture

Appeal / Final Determination by Consent Orders

Legal Issues

  1. 1 Impacts on biodiversity, including threatened species and ecological communities
  2. 2 Adequacy of biodiversity offset
  3. 3 Impacts of groundwater drawdown on biodiversity

Ratio Decidendi

The expert evidence and amended conditions address applicant concerns about environmental impacts; procedural fairness was afforded to objectors; consent orders are lawful and appropriate.

Court Disposition

Appeal upheld and approval granted by consent, with no order as to costs.

Orders

  • The appeal is upheld.
  • Approval is granted under section 75J of the Environmental Planning & Assessment Act 1979, to the project referred to in Schedule 1, and on the conditions referred to in Schedules 2 to 5, of the approval in Annexure A.