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

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

17/05/2016

LITIGATION TYPE

Access to Justice, Project Approval - Mitigation

SUBJECT MATTER

Costs, Gas and Oil

REVIEW TYPE

Judicial review

SUMMARY

The New South Wales Land and Environment Court (Moore J) has rejected an application for judicial review of the decision to approve a coal seam gas wastewater plant, and refused a request for an injunction preventing the respondent from developing the wastewater plant without first undertaking dedicated planning and environmental assessments. The Court considered that the wastewater plant was properly characterised as for the purpose of petroleum exploration, and therefore permissible without consent under the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007; and that the wastewater plant can operate with respect to existing petroleum leases held under the Petroleum (Onshore) Act 1991 (NSW). The matter was unsuccessfully appealed and the applicant sought orders setting aside the order for costs.

CASE DOCUMENTS

People for the Plains Incorporated v Santos NSW (Eastern) Pty Limited [2016] NSWLEC 93
People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd (No 2) [2017] NSWCA 157