Australian Coal Alliance Incorporated v Wyong Coal Pty Ltd [2019] NSWLEC 31

Australian Coal Alliance Incorporated v Wyong Coal Pty Ltd [2019] NSWLEC 31

All grounds challenging the validity of the PAC's determination and conditions of approval for the Wallarah 2 Coal Project are rejected. The PAC addressed mandatory considerations including emissions (including downstream), ESD principles, flooding, water compensation, and pipeline impacts to the extent legally required. Conditions imposed including compensation measures are valid and within statutory powers.

Jurisdiction
Australia
Judgment Date
22 March 2019
Procedural Posture
Judicial Review / Final Determination
Outcome
Summons dismissed
Legal Topics
['development Consent' 'judicial Review' 'mining Approvals' 'planning Law' 'greenhouse Gas Emissions' 'flood Impacts' 'compensation Conditions']
['environmental Law' 'administrative Law'] ['development Consent' 'judicial Review' 'mining Approvals' 'planning Law' 'greenhouse Gas Emissions' 'flood Impacts' 'compensation Conditions']

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Procedural Posture

Judicial Review / Final Determination

Legal Issues

  1. 1 ['Validity of development consent for Wallarah 2 Coal Project' 'Failure to consider downstream greenhouse gas emissions' 'Failure to consider clause 14(2) of the Mining SEPP' 'Failure to consider principles of ecologically sustainable development' 'Failure to consider impacts of compensatory water supply pipeline' 'Failure to consider flooding impacts and compensation' 'Validity of water supply compensation condition']

Ratio Decidendi

All grounds challenging the validity of the PAC's determination and conditions of approval for the Wallarah 2 Coal Project are rejected. The PAC addressed mandatory considerations including emissions (including downstream), ESD principles, flooding, water compensation, and pipeline impacts to the extent legally required. Conditions imposed including compensation measures are valid and within statutory powers.

Court Disposition

Summons dismissed

Orders

  • ['The summons is dismissed' 'The hearing listed for 4 April 2019 is vacated' 'Costs are reserved']