Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 4) [2014] NSWLEC 200

Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 4) [2014] NSWLEC 200

The Court would not impose the Applicant's proposed condition requiring a valid mining lease over the whole project site before development, but some form of condition concerning property 129 was necessary. Because the assessed project required use of property 129 to win the resource and implement the final landform, including the final void, and because otherwise there would be unassessed environmental impacts if Ashton could not obtain control of that land, a condition requiring property 129 to be purchased, leased or licensed by Ashton had a planning purpose, related to the approved development, and was not unreasonable. The appeal was to be upheld and approval granted subject to the...

Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Class 1 Appeal Concerning Finalisation of Conditions of Consent / Consequential Orders After Earlier Judgments; Unresolved Conditions of Consent and Final Conditions of Approval
Outcome
Appeal upheld; Project Application Number MP 08_0182 approved subject to conditions in Annexure A.
Legal Topics
['conditions of Consent' 'pt 3 a Project Approval' 'mining Leases' 'landowner Consent and Acquisition' 'newbury Test']
['environmental Planning and Assessment' 'mining' 'land and Environment'] ['conditions of Consent' 'pt 3 a Project Approval' 'mining Leases' 'landowner Consent and Acquisition' 'newbury Test']

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Procedural Posture

Class 1 Appeal Concerning Finalisation of Conditions of Consent / Consequential Orders After Earlier Judgments; Unresolved Conditions of Consent and Final Conditions of Approval

Legal Issues

  1. 1 ['Whether a condition should prevent development work until a mining lease was obtained over the whole project site and property 129 was acquired by Ashton.' 'Whether a condition requiring property 129 to be purchased, leased or licensed by Ashton satisfied the Newbury test.' 'Whether different environmental protections should apply to mine-owned private land that may be tenanted.' 'What final amendments should be made to the schedules of conditions of approval.']

Ratio Decidendi

The Court would not impose the Applicant's proposed condition requiring a valid mining lease over the whole project site before development, but some form of condition concerning property 129 was necessary. Because the assessed project required use of property 129 to win the resource and implement the final landform, including the final void, and because otherwise there would be unassessed environmental impacts if Ashton could not obtain control of that land, a condition requiring property 129 to be purchased, leased or licensed by Ashton had a planning purpose, related to the approved development, and was not unreasonable. The appeal was to be upheld and approval granted subject to the...

Court Disposition

Appeal upheld; Project Application Number MP 08_0182 approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'The conditions for consent attached as Annexure A are to be made subject to any final clarification the parties consider necessary in relation to matters such as timing.' 'On 17 April 2015 Project Application Number MP 08_0182 was approved subject to the conditions in Annexure A.']