Donnelly v Solomon Islands Mining NL & Ors [2002] NSWLEC 112

Donnelly v Solomon Islands Mining NL & Ors [2002] NSWLEC 112

Mining Act 1992 s 65(3) did not void the relevant development consent conditions because the development consent post-dated the mining lease. The Gold Mining Companies admitted or were found to have contravened nine conditions of the development consent, including pre-clearing requirements whose breach meant that about 6 hectares of clearing was not authorised by the consent. Although the consent was not rendered nugatory or void and breach of National Parks and Wildlife Act 1974 s 118A was not established, the clearing of the RMT pit in contravention of concurrence condition 2(7) caused damage to known threatened species habitat and was not protected by the statutory defence,...

Jurisdiction
Australia
Judgment Date
05 July 2002
Procedural Posture
Amended Class 4 Application for Declaratory and Injunctive Relief Alleging Contraventions of Conditions of Development Consent and the National Parks and Wildlife Act 1974 / Judgment on Liability and Entitlement to Substantive Relief; Precise Form of Relief and Costs Reserved
Outcome
Applicant established entitlement to substantive relief for admitted or proven contraventions of the development consent conditions and National Parks and Wildlife Act 1974 s 118D; precise form of relief and costs reserved.
Legal Topics
['development Consent Conditions' 'civil Enforcement' 'concurrence Conditions' 'integrated Development Conditions' 'mining Lease and Development Consent Interaction' 'threatened Species Habitat Damage' 'declaratory and Injunctive Relief' 'judicial Discretion as to Remedies']
['environmental Law' 'planning Law' 'mining Law' 'threatened Species Protection'] ['development Consent Conditions' 'civil Enforcement' 'concurrence Conditions' 'integrated Development Conditions' 'mining Lease and Development Consent Interaction' 'threatened Species Habitat Damage' 'declaratory and Injunctive Relief' 'judicial Discretion as to Remedies']

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Procedural Posture

Amended Class 4 Application for Declaratory and Injunctive Relief Alleging Contraventions of Conditions of Development Consent and the National Parks and Wildlife Act 1974 / Judgment on Liability and Entitlement to Substantive Relief; Precise Form of Relief and Costs Reserved

Legal Issues

  1. 1 ['Whether the Gold Mining Companies contravened concurrence conditions of the development consent' 'Whether the Gold Mining Companies contravened integrated development conditions and other conditions of the development consent' 'Whether Mining Act 1992 s 65(3) rendered relevant development consent conditions void' 'Whether the development consent was nugatory or void because of the contraventions' 'Whether the Gold Mining Companies breached National Parks and Wildlife Act 1974 ss 118A and 118D' 'Whether the Court should grant substantive relief under Environmental Planning and Assessment Act 1979 s 124 and National Parks and Wildlife Act 1974 s 176A']

Ratio Decidendi

Mining Act 1992 s 65(3) did not void the relevant development consent conditions because the development consent post-dated the mining lease. The Gold Mining Companies admitted or were found to have contravened nine conditions of the development consent, including pre-clearing requirements whose breach meant that about 6 hectares of clearing was not authorised by the consent. Although the consent was not rendered nugatory or void and breach of National Parks and Wildlife Act 1974 s 118A was not established, the clearing of the RMT pit in contravention of concurrence condition 2(7) caused damage to known threatened species habitat and was not protected by the statutory defence,...

Court Disposition

Applicant established entitlement to substantive relief for admitted or proven contraventions of the development consent conditions and National Parks and Wildlife Act 1974 s 118D; precise form of relief and costs reserved.

Orders

  • ['The Applicant has established his entitlement to the grant of substantive relief in respect of the admitted or proven contraventions of the conditions of the development consent and of the NP&W Act, s 118D.' 'The question of the precise form of that relief is reserved.' "The Applicant has liberty to restore for...