Planning Assessment Commission’s Consent for Underground Mine Supported by the NSW Land and Environment Court

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Planning Assessment Commission’s Consent for Underground Mine Supported by the NSW Land and Environment Court

4nature Incorporated v Centennial Springvale Pty Ltd [2016] NSWLEC 121 (13 September 2016)

The appellant brought the case in response to a ministerial decision, made by the Planning Assessment Commission, which granted the first respondent development consent regarding an underground mine. The decision was granted pursuant to s 89E of the Environmental Planning and Assessment Act 1999 (Cth) as the development is considered to be of state significance.

The proposed development site is within the Sydney Drinking Water Catchment outlined in cl 7 of the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011. The Court found that although PAC did not reach an independent state of satisfaction as to whether the carrying out of the project will have a neutral or beneficial effect on water quality before it granted the consent, as required by cl 10(1) of the Catchment SEPP, this did not invalidate their ability to consent to the project as argued by the appellant.

Read in full here.

 

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