Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited (No 2) [2010] NSWLEC 104

Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited (No 2) [2010] NSWLEC 104

The proposed limestone quarry was appropriate to be approved because, if carried out in accordance with the final settled conditions, the conditions adequately addressed geodiversity and biodiversity risks through a precautionary adaptive management approach and provided an adequate biodiversity offset for damage to the White Box endangered ecological community. To grant consent on materially different conditions, the Court upheld the objector appeal and granted development consent subject to Annexure A.

Jurisdiction
Australia
Judgment Date
23 June 2010
Procedural Posture
Class 1 Objector Appeal Against Council's Decision to Grant Consent to a Limestone Quarry / Further Hearings to Settle Conditions of Consent After Earlier Judgment; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Consent' 'objector Appeal' 'limestone Quarry' 'conditions of Consent' 'biodiversity Offsets' 'geodiversity' 'caves and Cave Biota' 'white Box Endangered Ecological Community' 'adaptive Management']
['environmental and Planning Law' 'land and Environment Court Proceedings'] ['development Consent' 'objector Appeal' 'limestone Quarry' 'conditions of Consent' 'biodiversity Offsets' 'geodiversity' 'caves and Cave Biota' 'white Box Endangered Ecological Community' 'adaptive Management']

Case Brief

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Procedural Posture

Class 1 Objector Appeal Against Council's Decision to Grant Consent to a Limestone Quarry / Further Hearings to Settle Conditions of Consent After Earlier Judgment; Final Orders

Legal Issues

  1. 1 ['Whether suitable conditions could be drafted to address the matters raised in the earlier judgment concerning the proposed limestone quarry.' 'Whether the final conditions adequately addressed risks to geodiversity and biodiversity, including caves, cave biota and underground fauna.' 'Whether the proposed biodiversity offset measures adequately compensated for impacts on the White Box endangered ecological community.' 'Whether the Court needed to uphold the third party objector appeal in order to grant consent on conditions different from those approved by the Council.']

Ratio Decidendi

The proposed limestone quarry was appropriate to be approved because, if carried out in accordance with the final settled conditions, the conditions adequately addressed geodiversity and biodiversity risks through a precautionary adaptive management approach and provided an adequate biodiversity offset for damage to the White Box endangered ecological community. To grant consent on materially different conditions, the Court upheld the objector appeal and granted development consent subject to Annexure A.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application number 308/08 for a limestone quarry, stockpiling and handling area, site access road and internal access track on land comprising part of Lot 31 in DP 748766, subject to the conditions in Annexure A.' 'The exhibits may be returned.']