People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd [2017] NSWCA 46

People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd [2017] NSWCA 46

The Leewood Project was properly characterised as development for the purposes of petroleum exploration. The conditions attached to the relevant petroleum assessment lease required an approved operations plan addressing produced water management, which encompassed the Leewood Project. The relevant State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) dispensed with the need for development consent for such activity. Any potential inconsistency between the Mining SEPP and the Infrastructure SEPP did not alter this outcome, as the Mining SEPP prevailed. There was thus no requirement for development consent, and the approvals under challenge were valid.

Jurisdiction
Australia
Judgment Date
14 March 2017
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
['development Control' 'planning Consent' 'judicial Review' 'resource Recovery' 'characterisation of Purpose' 'petroleum (onshore) Act' 'state Environment Planning Policy']
['environment and Planning Law' 'administrative Law'] ['development Control' 'planning Consent' 'judicial Review' 'resource Recovery' 'characterisation of Purpose' 'petroleum (onshore) Act' 'state Environment Planning Policy']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ["Whether the Leewood Project required development consent under planning legislation; specifically, whether it was properly characterised as 'petroleum exploration' or as a waste/resource management facility; Whether the approvals granted were valid under the applicable statutory and planning frameworks; The relationship and primacy of relevant environmental planning policies"]

Ratio Decidendi

The Leewood Project was properly characterised as development for the purposes of petroleum exploration. The conditions attached to the relevant petroleum assessment lease required an approved operations plan addressing produced water management, which encompassed the Leewood Project. The relevant State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) dispensed with the need for development consent for such activity. Any potential inconsistency between the Mining SEPP and the Infrastructure SEPP did not alter this outcome, as the Mining SEPP prevailed. There was thus no requirement for development consent, and the approvals under challenge were valid.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The appellant pay the costs of the first, second and fourth respondents.']