Mansfield v Minister for Planning and Hanson Construction Materials Pty Ltd [2012] NSWLEC 1063

Mansfield v Minister for Planning and Hanson Construction Materials Pty Ltd [2012] NSWLEC 1063

Subject to amendments to the Asbestos Management Plan and project conditions as specified, and with the implementation of stringent monitoring, adaptive management and reporting measures, the risks from NOA can be acceptably mitigated in accordance with ESD and the precautionary principle. Approval is appropriate.

Jurisdiction
Australia
Judgment Date
19 March 2012
Procedural Posture
Appeal Objector Appeal Against Planning Approval / Final Judgment After Hearing and Submissions
Outcome
Appeal dismissed; approval granted subject to specified amendments to the AMP and conditions; directions to provide amended documents for final orders.
Legal Topics
['ecologically Sustainable Development' 'precautionary Principle' 'quarry Approval' 'asbestos Management' 'environmental Assessment' 'planning Appeal']
['environmental Law' 'planning Law'] ['ecologically Sustainable Development' 'precautionary Principle' 'quarry Approval' 'asbestos Management' 'environmental Assessment' 'planning Appeal']

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Procedural Posture

Appeal Objector Appeal Against Planning Approval / Final Judgment After Hearing and Submissions

Legal Issues

  1. 1 ['Whether project approval for the quarry should be refused due to risks from naturally occurring asbestos (NOA) and inadequacy of investigation and management plans' 'Whether the proposal is inconsistent with principles of ecologically sustainable development (ESD), including the precautionary principle' 'Adequacy of the Asbestos Management Plan (AMP) and related mitigatory measures' 'Whether SEPP 33 requirements for hazardous development apply and are met']

Ratio Decidendi

Subject to amendments to the Asbestos Management Plan and project conditions as specified, and with the implementation of stringent monitoring, adaptive management and reporting measures, the risks from NOA can be acceptably mitigated in accordance with ESD and the precautionary principle. Approval is appropriate.

Court Disposition

Appeal dismissed; approval granted subject to specified amendments to the AMP and conditions; directions to provide amended documents for final orders.

Orders

  • ['The AMP is to be amended in accordance with directions at paragraphs 110-119 of the judgment.' 'Project approval is subject to amendments to conditions (specified at paragraph 127) regarding project duration, signage, compliance with AMP, and blasting schedule notification.' 'Directions to provide amended AMP and...