№ lp_2_3_08648
Appeal against ministerial refusal of consent for a state significant open cut coal mine in New South Wales, addressing visual, social, environmental and climate change impacts in the context of planning law and concluding that the adverse impacts outweighed the project’s public benefits.
Court: Land and Environment Court of New South Wales
Case Name: Gloucester Resources Limited v Minister for Planning
Medium Neutral Citation: [2019] NSWLEC 7
Decision Date: 8 February 2019
Date of Orders: 8 February 2019
Hearing Dates: 13–17, 20–24, 27–28 August 2018; 16, 30 November; 7, 14 December 2018
Jurisdiction: Class 1
Judge: Preston CJ
Category: Principal judgment
Parties: Gloucester Resources Limited (Applicant); Minister for Planning (First Respondent); Groundswell Gloucester Inc (Second Respondent)
File Number: 2017/383563
Development Application: State significant development application No SSD5156
Project: Rocky Hill Coal Project
Subject Matter: Proposed open cut coal mine
Decision: Appeal dismissed; development consent refused
Legislation Considered: Environment Protection and Biodiversity Conservation Act 1999 (Cth); Environmental Planning and Assessment Act 1979; Paris Agreement 2015; United Nations Framework Convention on Climate Change 1992; and related planning instruments
Price: 8 / 10 USD
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