SHCAG Pty Ltd v Minister for Planning and Infrastructure & Boral Cement Ltd

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

20/06/2012

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal mine

REVIEW TYPE

Merits review

SUMMARY

Environmental Defenders Office NSW, acting for the Southern Highlands Coal Action Group Pty Ltd (SHCG), appealed the Minister for Planning and Infrastructure's approval of Boral Cement Ltd expansion activities at Berrima Colliery. SHCAG argued that Boral did not adequately consider the impact the project would have on the local groundwater resources, groundwater biodiversity, and the Wingecarribee River, in preparing its environmental assessment, and that the impacts of the project on groundwater, groundwater ecologies, and surface water pollution are inconsistent with a number of environmental planning instruments, including the principles of Ecologically Sustainable Development, the Wingecarribee Local Environmental Plan, and State Environmental Planning Policy (Sydney Drinking Water Catchment). The Land and Environment Court upheld SHCAG's appeal and refused the application on the basis of the project was not in accordance with the principles of ecologically sustainable development and in particular the precautionary principle. The Court found that the surface and groundwater issues were fundamental issues that could not be left for later resolution or adaptive management.

CASE DOCUMENTS

SHCAG Pty Ltd v Minister for Planning and Infrastructure & Boral Cement Ltd [2013] NSWLEC 1032