Gunlake Quarries Pty Limited v The Minister for Planning

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

24/02/2021

LITIGATION TYPE

Corporate Accountability

SUBJECT MATTER

Carbon credits and offsets

REVIEW TYPE

Judicial review

SUMMARY

APPEAL – modification application – Gunlake Quarry Extension Project – modification of State significant development consent to reduce the size of the Biodiversity Offset Areas – interpretation of Final Determination for Box Gum Woodland – derived native grassland – determination of offset requirement using calculator – what is appropriate offset ratio – failure to locate original survey data – absence of reasons in the 2017 judgment giving effect to s34 agreement – management options for offset areas – submissions from objectors – jurisdictional prerequisites - whether the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted

CASE DOCUMENTS

Gunlake Quarries Pty Limited v The Minister for Planning [2022] NSWLEC 1570