Lester v NSW Minister for Planning and Ashton Coal Operations Pty Ltd [2013] NSWCA 45

Lester v NSW Minister for Planning and Ashton Coal Operations Pty Ltd [2013] NSWCA 45

The environmental assessment and appendices accompanying the request for modification did not fall within the documents required to be made publicly available under s 75X(2)(f). Any failure to provide appendices was not a breach requiring invalidation of the Minister's modification. Providing an email contact for further information does not satisfy the requirement for 'publicly available' documents.

Parties
Appellant: Robert Lester; First Respondent: Minister for Planning and Infrastructure (formerly NSW Minister for Planning); Second Respondent: Ashton Coal Operations Pty Ltd
Jurisdiction
Australia
Judgment Date
06 March 2013
Procedural Posture
Appeal / Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Modification of Approval, Public Availability of Documents
Administrative Law Environmental Law Judicial Review Modification of Approval Public Availability of Documents

Case Brief

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Parties

Robert Lester

Appellant

Minister for Planning and Infrastructure (formerly NSW Minister for Planning)

First Respondent

Ashton Coal Operations Pty Ltd

Second Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether environmental assessment and appendices accompanying a request for modification must be made publicly available under Environmental Planning and Assessment Act 1979 s 75X(2)(f).
  2. 2 Whether the failure to make appendices publicly available invalidates the modification of approval.
  3. 3 Whether providing an email contact for further information satisfies statutory public availability requirements.

Ratio Decidendi

The environmental assessment and appendices accompanying the request for modification did not fall within the documents required to be made publicly available under s 75X(2)(f). Any failure to provide appendices was not a breach requiring invalidation of the Minister's modification. Providing an email contact for further information does not satisfy the requirement for 'publicly available' documents.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • The appellant to pay the costs of the first and second respondents of the appeal.