Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc
COURT OR TRIBUNAL
Supreme Court of New South Wales - Court of Appeal
DATE FILED (OR FIRST HEARING DATE)
03/02/2012
LITIGATION TYPE
Project Approval - Mitigation
SUBJECT MATTER
Coal mine
REVIEW TYPE
Judicial review
SUMMARY
The matter concerned an appeal over the disapproval of a major infrastructure project, by the NSW Land and Environment Court. Warkworth Mining Ltd and the NSW Minister for Planning and Infrastructure appealed the decision on a variety of grounds, including a lack of procedural fairness, and errors of law pertaining to the weight given to various reports. The Court dismissed both appeals. It held that the lack of formality in Land and Environment Court proceedings did not constitute a denial of procedural fairness, that a decision-maker is entitled to apportion weight to evidence, and that principles of 'public interest' operate at a high level of generality, and can include considerations of ecological sustainable development.
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