Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 2)

Land and Environment Court New South Wales Case Title: Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 2) Medium Neutral Citation: [2014] NSWLEC 129 Hearing Date(s): 2-4, 6, 9-13, 16-19 September 2013, directions 10 March 2014, further submissions and directions 20 March 2014, directions 10 April 2014, directions 16 May 2014, written submissions 30 May, 17 June, 26 June and 2 July 2014 Decision Date: 27 August 2014 Jurisdiction: Class 1 Before: Pain J Decision: See paragraph 530 Catchwords: APPEAL - objector appeal against Planning Assessment Commission's decision to approve an open-cut coal mine under Part 3A of the Environmental Planning and Assessment Act 1979 - impact on Aboriginal cultural heritage - impact on the long term functionality of agricultural land - impact on groundwater - protection of downstream water users - air quality health impacts and social and economic effects of mitigation measures - economic modelling of costs and benefits - conditional approval possible Legislation Cited: Commons Management Act 1989 s 4, s 14, Crown Lands Act 1989 Environment Operations (Hunter River Salinity Trading Scheme) Regulation 2002 Environmental Planning and Assessment Act 1979 s 4, Pt 3A, s 75J, s 75L, s 75R, cl 2 Sch 6A, cl 3 Sch 6A Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 Environmental Planning and Assessment Regulation 2000 cl 8F, Sch 3 Land and Environment Court Act 1979 s 17, s 39 Mining Act 1992 National Environment Protection Council Act 1994 (Cth) s 15 National Parks and...