Wollar Progress Association Incorporated v Wilpinjong Coal Pty Ltd [2018] NSWLEC 92

Wollar Progress Association Incorporated v Wilpinjong Coal Pty Ltd [2018] NSWLEC 92

The Planning Assessment Commission did not fail to consider the matters required by cl 14(2) of the Mining SEPP regarding greenhouse gas emissions, or by s 79C(1) of the Environmental Planning and Assessment Act 1979 regarding the likely impacts of the whole of the proposed development. The evidence showed it had before it, and considered, quantitative assessments of emissions (including downstream emissions), relevant public submissions, the applicable policies or programs, and biodiversity impacts (including offsets). The applicant did not prove the required failure to consider, nor that any breach reached a level warranting discretionary relief.

Jurisdiction
Australia
Judgment Date
19 June 2018
Procedural Posture
Judicial Review / Principal Judgment; Final Orders
Outcome
Summons dismissed
Legal Topics
['judicial Review of Government Approval' 'environmental Planning' 'climate Change Policy' 'greenhouse Gas Emissions' 'development Applications' 'biodiversity Offsets']
['administrative Law' 'environmental Law' 'planning Law'] ['judicial Review of Government Approval' 'environmental Planning' 'climate Change Policy' 'greenhouse Gas Emissions' 'development Applications' 'biodiversity Offsets']

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Procedural Posture

Judicial Review / Principal Judgment; Final Orders

Legal Issues

  1. 1 ['Whether the Planning Assessment Commission failed to consider an assessment of greenhouse gas emissions (including downstream emissions) having regard to State or national policies, contrary to cl 14(2) of the Mining SEPP' 'Whether the Commission failed to consider the likely impacts of the whole of the proposed development, including impacts on biodiversity, under s 79C(1) Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The Planning Assessment Commission did not fail to consider the matters required by cl 14(2) of the Mining SEPP regarding greenhouse gas emissions, or by s 79C(1) of the Environmental Planning and Assessment Act 1979 regarding the likely impacts of the whole of the proposed development. The evidence showed it had before it, and considered, quantitative assessments of emissions (including downstream emissions), relevant public submissions, the applicable policies or programs, and biodiversity impacts (including offsets). The applicant did not prove the required failure to consider, nor that any breach reached a level warranting discretionary relief.

Court Disposition

Summons dismissed

Orders

  • ["The association's summons is dismissed." 'The question of costs is reserved.' 'All Exhibits and authority bundles to be returned.']