People for the Plains Incorporated v Santos NSW (Eastern) Pty Limited

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: People for the Plains Incorporated v Santos NSW (Eastern) Pty Limited and Ors [2016] NSWLEC 93 Hearing dates:17 and 18 May 2016Date of orders: 01 August 2016 Decision date: 01 August 2016 Jurisdiction:Class 4Before: Moore J Decision: See orders at [109] and [110] Catchwords: CHARACTERISATION OF DEVELOPMENT – requirement for beneficial reuse of produced water from coal seam gas prospecting and assessment –proposed water treatment facility – proposed commercial lucerne cropping as beneficial use of water from the facility – can the proposed facility be characterised as being for prospecting or is it to be characterised as a waste disposal or treatment facility – analysis of the purpose served by the various elements in the proposed development – the elements up to and including the proposed facility are to be characterised as serving the purpose of petroleum prospecting or assessment – the proposed commercial lucerne cropping is not to be characterised as serving the purpose of petroleum prospecting or assessment or to be ancillary or subservient to that purpose STATUTORY INTERPRETATION – rights of license or lease holders confined, relevantly, to prospecting for petroleum and/or assessing deposits “on the land comprised in the” license or lease – is the meaning of “on the land” confined to the nominated petroleum title or should a wider, purposive interpretation be taken – approach to be taken to importing words into statutory provisions – when taken, the narrowest appropriate approach is to...