Wollongong Coal Pty Ltd v Minister for Planning and Environment [2016] NSWLEC 154

Wollongong Coal Pty Ltd v Minister for Planning and Environment [2016] NSWLEC 154

The PAC did not treat cl 10(1) of the Drinking Water SEPP as a mandatory prerequisite for the transitional Pt 3A project application; it permissibly had regard to the aims and objectives of the Drinking Water SEPP as one factor in a broader evaluation. The PAC also did not take into account or rely on any prohibited or irrelevant consideration regarding incremental approvals, modifications, or cumulative impacts when reaching its conclusions and recommendation. Accordingly, neither ground of judicial review was established and the summons was dismissed.

Jurisdiction
Australia
Judgment Date
01 December 2016
Procedural Posture
Class 4 Judicial Review Proceedings Under S 123 of the Environmental Planning and Assessment Act 1979 Challenging the Planning Assessment Commission's Second Review Report / Principal Judgment on Summons
Outcome
Proceedings dismissed.
Legal Topics
['planning Assessment Commission Review Report' 'state Environmental Planning Policy (sydney Drinking Water Catchment) 2011' 'part 3 a Project Application' 'neutral or Beneficial Effect on Water Quality' 'relevant and Prohibited Considerations' 'cumulative Mining Impacts' 'severability']
['environment and Planning' 'administrative Law' 'judicial Review'] ['planning Assessment Commission Review Report' 'state Environmental Planning Policy (sydney Drinking Water Catchment) 2011' 'part 3 a Project Application' 'neutral or Beneficial Effect on Water Quality' 'relevant and Prohibited Considerations' 'cumulative Mining Impacts' 'severability']

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Procedural Posture

Class 4 Judicial Review Proceedings Under S 123 of the Environmental Planning and Assessment Act 1979 Challenging the Planning Assessment Commission's Second Review Report / Principal Judgment on Summons

Legal Issues

  1. 1 ['Whether the Planning Assessment Commission made jurisdictional error by treating State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 as applicable and binding so that cl 10(1) had to be satisfied before approval of the project could be recommended or granted.' 'Whether the Planning Assessment Commission took into account a prohibited consideration by considering planning approvals or modifications outside the scope of the project application, including future cumulative mining impacts.' 'If Ground 2 were otherwise established, whether the impugned paragraphs of the Second Review Report were severable.']

Ratio Decidendi

The PAC did not treat cl 10(1) of the Drinking Water SEPP as a mandatory prerequisite for the transitional Pt 3A project application; it permissibly had regard to the aims and objectives of the Drinking Water SEPP as one factor in a broader evaluation. The PAC also did not take into account or rely on any prohibited or irrelevant consideration regarding incremental approvals, modifications, or cumulative impacts when reaching its conclusions and recommendation. Accordingly, neither ground of judicial review was established and the summons was dismissed.

Court Disposition

Proceedings dismissed.

Orders

  • ['The proceedings are dismissed.' "The Applicant is to pay the Respondent's costs as agreed or assessed." 'The exhibits are returned.']