Darkinjung Local Aboriginal Land Council v Wyong Coal Pty Ltd [2014] NSWLEC 31

Darkinjung Local Aboriginal Land Council v Wyong Coal Pty Ltd [2014] NSWLEC 31

Given the joint support of the parties, the public importance, potential financial consequences, agreement to an efficient timetable, and the discrete legal question, the application for expedition is granted in accordance with established legal principles for granting expedition in Court proceedings.

Parties
Applicant: Darkinjung Local Aboriginal Land Council; First Respondent: Wyong Coal Pty Ltd; Second Respondent: Minister for Planning and Infrastructure; Third Respondent: Planning Assessment Commission NSW; Fourth Respondent: NSW Aboriginal Land Council
Jurisdiction
Australia
Judgment Date
04 April 2014
Procedural Posture
Interlocutory Application / Application for Expedition Granted
Outcome
Application for expedition granted
Legal Topics
Expedition of Proceedings, Development Application Validity, Aboriginal Land Rights, State Significant Development, Interpretation of Planning Regulations
Administrative Law Planning and Environment Expedition of Proceedings Development Application Validity Aboriginal Land Rights State Significant Development Interpretation of Planning Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Darkinjung Local Aboriginal Land Council

Applicant

Wyong Coal Pty Ltd

First Respondent

Minister for Planning and Infrastructure

Second Respondent

Planning Assessment Commission NSW

Third Respondent

NSW Aboriginal Land Council

Fourth Respondent

Procedural Posture

Interlocutory Application / Application for Expedition Granted

Legal Issues

  1. 1 Whether, pursuant to cl 49 of the Environmental Planning and Assessment Regulation 2000, the consent of Darkinjung Local Aboriginal Land Council and/or New South Wales Aboriginal Land Council is necessary for the development application to be validly made

Ratio Decidendi

Given the joint support of the parties, the public importance, potential financial consequences, agreement to an efficient timetable, and the discrete legal question, the application for expedition is granted in accordance with established legal principles for granting expedition in Court proceedings.

Court Disposition

Application for expedition granted

Orders

  • Respondents to file and serve points of defence by 4pm on 7 April 2014
  • Respondents to notify applicant of additional documents for tender bundle by 4pm on 7 April 2014