Stratford Coal Pty Ltd v Minister for Planning [2019] NSWLEC 8

Stratford Coal Pty Ltd v Minister for Planning [2019] NSWLEC 8

Because the Court refused consent for the Rocky Hill Coal Project in Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7, there would be no coal from that project to transport to, process at, or transport by rail from the Stratford Mining Complex. Stratford Coal accepted that its modification application had no critical purpose or utility without the Rocky Hill Coal Project. The modification application was therefore refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Class 1 Appeal Concerning Refusal of a Modification Application / Judgment and Orders Dismissing the Appeal
Outcome
Appeal dismissed; modification application refused.
Legal Topics
['modification of Development Consent' 'state Significant Development' 'coal Transport and Processing' 'refusal of Related Development Application']
['environmental Law' 'planning and Development' 'mining'] ['modification of Development Consent' 'state Significant Development' 'coal Transport and Processing' 'refusal of Related Development Application']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Refusal of a Modification Application / Judgment and Orders Dismissing the Appeal

Legal Issues

  1. 1 ['Whether the Stratford Extension Project consent should be modified to permit receipt, processing and rail transport of coal from the proposed Rocky Hill Coal Project after consent for the Rocky Hill Coal Project was refused.' 'Whether the appeal against refusal of the modification application should be dismissed because the modification application had no purpose or utility in the absence of approval for the Rocky Hill Coal Project.']

Ratio Decidendi

Because the Court refused consent for the Rocky Hill Coal Project in Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7, there would be no coal from that project to transport to, process at, or transport by rail from the Stratford Mining Complex. Stratford Coal accepted that its modification application had no critical purpose or utility without the Rocky Hill Coal Project. The modification application was therefore refused and the appeal dismissed.

Court Disposition

Appeal dismissed; modification application refused.

Orders

  • ['The appeal is dismissed.' 'Modification application "Stratford Extension Project Modification-1" submitted by Stratford Coal Pty Ltd is determined by refusing to modify the development consent (SSD 4966) for the Stratford Extension Project granted by the Planning Assessment Commission, as delegate for the Minister...