Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 3)

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Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 3)

[2014] NSWLEC 130

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Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 3)

[2014] NSWLEC 130

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Case

Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 3)

[2014] NSWLEC 130

Land and Environment Court New South Wales Medium Neutral Citation: Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 3) [2014] NSWLEC 130 Hearing dates: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 2014Decision date: 27 August 2014 Jurisdiction:Class 1Before: Pain J Decision: See paragraph 42 Catchwords: APPEAL - whether additional conditions of consent appropriate Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Cases Cited: Hub Action Group Inc v Minister for Planning [2008] NSWLEC 116; (2008) 161 LGERA 136 Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 2) [2014] NSWLEC 129 Taralga Landscape Guardians Inc v Minister for Planning [2007] NSWLEC 59; (2007) 161 LGERA 1 Category:Consequential ordersParties: parties Representation: Mr R D White with Ms C Novak (Applicant) Mr S Free with Mr N Kelly (First Respondent) Mr A Galasso SC with Mr C Ireland (Second Respondent) File Number(s):11154 of 2012 JudgmentAdditional compensation condition Following the substantive hearing I asked further questions of the parties, firstly, in relation to the enforcement of conditions of project approval and, secondly, whether compensation for Mr Alistair Bowman (owner of property 130) to enable him to continue his dairy farm during mining on the SEOC project site was feasible. Property 130 will be adversely affected by the SEOC project. Dairy no 1 and dairy no 2 are located on property 130. Dairy no 3 is...