Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 3) [2014] NSWLEC 130

Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 3) [2014] NSWLEC 130

Conditional approval should be granted, but Mr Bowman's wish to remain farming on property 130 should be supported by a compensation condition facilitating continued dairy farming if a manager can be retained or conversion to a viable but less profitable beef operation if necessary. Because properties 130 and 182 are both in Table 1 and their dairy use is related, they should receive the same treatment if possible, but property 134 should not. The Applicant's proposed condition 2A was inappropriate because it would give listed property owners a veto. The blasting condition should be amended to require Ashton to try to reach agreement with landowners before approaching the Director-General...

Jurisdiction
Australia
Judgment Date
27 August 2014
Procedural Posture
Class 1 Appeal / Consequential Orders Concerning Additional Conditions of Consent
Outcome
Conditional approval should be granted; new or amended conditions concerning compensation, land acquisition and blasting were warranted in part, proposed condition 2A Sch 3 was rejected, and final form of conditions was left for discussion with the parties.
Legal Topics
['additional Conditions of Project Approval' 'compensation for Impacts on Dairy Business' 'acquisition Upon Request' 'blasting Conditions' 'avoidance of Veto Rights Over Approved Development']
['planning and Environment' 'land Acquisition and Compensation' 'mining' 'administrative Law'] ['additional Conditions of Project Approval' 'compensation for Impacts on Dairy Business' 'acquisition Upon Request' 'blasting Conditions' 'avoidance of Veto Rights Over Approved Development']

Case Brief

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Procedural Posture

Class 1 Appeal / Consequential Orders Concerning Additional Conditions of Consent

Legal Issues

  1. 1 ['Whether an additional compensation condition should be imposed to support continued farming or conversion to beef cattle on properties 130 and 182 during the SEOC project.' 'Whether proposed compensation or acquisition conditions should extend to property 134.' 'Whether the land acquisition condition should be amended to refer to matters under the Land Acquisition (Just Terms Compensation) Act 1991.' 'Whether proposed condition 2A Sch 3 should prevent development work until listed land is acquired.' 'Whether blasting conditions should require 72 hours notice and landowner or resident agreement for blasting within 500 m of land not owned by Ashton.']

Ratio Decidendi

Conditional approval should be granted, but Mr Bowman's wish to remain farming on property 130 should be supported by a compensation condition facilitating continued dairy farming if a manager can be retained or conversion to a viable but less profitable beef operation if necessary. Because properties 130 and 182 are both in Table 1 and their dairy use is related, they should receive the same treatment if possible, but property 134 should not. The Applicant's proposed condition 2A was inappropriate because it would give listed property owners a veto. The blasting condition should be amended to require Ashton to try to reach agreement with landowners before approaching the Director-General...

Court Disposition

Conditional approval should be granted; new or amended conditions concerning compensation, land acquisition and blasting were warranted in part, proposed condition 2A Sch 3 was rejected, and final form of conditions was left for discussion with the parties.

Orders

  • ['The Court will discuss the final form of the conditions considered above with the parties.']