Wollar Progress Association Incorporated v Wilpinjong Coal Pty Ltd

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

24/04/2017

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal mine

REVIEW TYPE

Judicial review

SUMMARY

Judicial Review of a State Govt approval on conditions of a coal mining project to continue and extend. Failed to take relevant consideration of national policies and guidelines regarding GHG emissions and climate change into account. Dismissed. CATCHWORDS: JUDICIAL REVIEW: judicial review of a State Government approval – where Minister delegated approval to Planning Assessment Commission – alleged that the delegate failed to take into account a mandatory relevant consideration and/or failed to exercise jurisdiction by failing to consider the totality of the subject matter in the Development Application in exercising power under s 79C(1) of the Environmental Planning and Assessment Act 1979 (NSW), and/or applying cl 14(2) of the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.

CASE DOCUMENTS

Wollar Progress Association Incorporated v Wilpinjong Coal Pty Ltd [2018] NSWLEC 92