SHCAG Pty Ltd v Hume Coal Pty Ltd

Land and Environment Court New South Wales Medium Neutral Citation: SHCAG Pty Ltd v Hume Coal Pty Ltd [2015] NSWLEC 122 Hearing dates:25, 26, 27 March 2015 and 27, 29, 30 April 2015Decision date: 04 August 2015 Jurisdiction:Class 4Before: Pain J Decision: 1. The amended summons filed in Court 29 April 2015 is dismissed.2. Costs reserved. Catchwords: JUDICIAL REVIEW – challenge to assessment under Environmental Planning and Assessment Act 1979 of exploration licence enabling drilling of boreholes on private land under the Mining Act 1992 – statutory regime for gaining access to private land for exploration under the Mining Act – whether Minister complied with duty to examine and take into account environmental impacts as required by s 111 of Environmental Planning and Assessment Act – whether activity likely to significantly affect impact on the environment pursuant to s 112 of the Environmental Planning and Assessment Act Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) s 5, s 110, s 111, s 112 Environmental Planning and Assessment Regulation 2005 (NSW) cl 228(3) Evidence Act 1995 (NSW) s 136 Fluoridation of Public Water Supplies Act 1957 (NSW) Migration Act 1958 (Cth) Mining Act 1992 (NSW) s 29, s 31, s 138, s 140, s 141, s 142, s 143, s 152, s 155, s 252 Cases Cited: Arnold v Minister Administering the Water Management Act [2014] NSWCA 386 Bailey v Forestry Commission of New South Wales (1989) 67 LGRA 200 Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006)...