Court of Appeal
Supreme Court
New South Wales
- Summary available
- Amendment notes
Medium Neutral Citation: 4nature Incorporated v Centennial Springvale Pty Ltd [2017] NSWCA 191 Hearing dates: 31 May 2017 Decision date: 02 August 2017 Before: Beazley P at [1];
Basten JA at [2];
Leeming JA at [89]Decision: (1) Allow the appeal and set aside the order of the Land and Environment Court made on 13 September 2016 dismissing the amended summons dated 24 February 2016.
(2) Order that the respondents to the appeal pay the costs of the appellant in this Court.Catchwords: ADMINISTRATIVE LAW – challenge to validity of State significant development consent for proposed extension of Springvale coal mine – consent authority’s satisfaction that development would have “a neutral or beneficial effect” on water quality required – whether consent authority’s approach valid
ENVIRONMENT AND PLANNING – challenge to validity of State significant development consent for proposed extension of Springvale coal mine – development must have “a neutral or beneficial effect” on water quality under State Environment Planning Policy (Sydney Drinking Water Catchment) 2011 (NSW) cl 10(1) – nature of comparison required
STATUTORY INTERPRETATION – delegated legislation – no general principle requiring laxity or flexibility in construction – adherence to basic principles of statutory construction – focus on text and contextLegislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 23B, 23D, 23F, 34B, 75W, 79C, 89C, 89D, 89E, 89H, 89L; Div 1 Pt 3; Div 4.1; Pt 4
Mining Act 1992 (NSW), s 73
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (NSW), cl 7
State Environmental Planning Policy (State and Regional Development) 2011 (NSW), cll 5, 8; Sch 1
State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 (NSW), cll 4, 10
Water NSW Act 2014 (NSW), Pt 4Cases Cited: Buck v Bavone (1976) 135 CLR 110; [1976] HCA 24.
Day v Harness Racing New South Wales (2014) 88 NSWLR 594; [2014] NSWCA 423
Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611; [1999] HCA 21
Tovir Investments Pty Ltd v Waverly Council [2014] NSWCA 379
Woolworths Ltd v Pallas Newco Pty Ltd (2004) 61 NSWLR 707; [2004] NSWCA 422Texts Cited: “Neutral or Beneficial Effect on Water Quality Assessment Guideline 2011”, Government Gazette (NSW), No 6 (21 January 2011), p 182
“Neutral or Beneficial Effect on Water Quality Assessment Guideline 2015”, Government Gazette (NSW), No 13 (20 February 2015), p 429
Instrument of Delegation (14 September 2011), NSW Government Gazette (NSW) No 95 (28 September 2011), p 5682Category: Principal judgment Parties: 4nature Incorporated (Appellant)
Centennial Springvale Pty Ltd (First Respondent)
Springvale SK Kores Pty Ltd (Second Respondent)
Minister for Planning (Third Respondent)Representation: Counsel:
Solicitors:
Mr R Lancaster SC / Mr N Kelly (Appellant)
Mr N J Williams SC / Ms J E Davidson (First and Second Respondents)
Mr J Hutton (Third Respondent)
EDO NSW (Appellant)
Ashurst (First and Second Respondents)
Department of Planning and Environment (Third Respondent)
File Number(s):
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- Case
- [2017] NSWCA 191
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court of Appeal was to determine the proper interpretation of the phrase "neutral or beneficial effect" as it applied to the proposed development's impact on water quality. This involved considering the nature of the comparison required by the clause and whether the consent authority's assessment and satisfaction of this requirement were legally valid. The Court also considered principles of statutory interpretation in relation to delegated legislation.
The Court of Appeal found that the consent authority had erred in its interpretation and application of clause 10(1). It held that the clause required a comparison between the water quality that would result from the development and the water quality that would exist in the absence of the development. The Court rejected the interpretation that the clause merely required the development to not worsen existing water quality. Applying this interpretation, the Court concluded that the consent authority had not been satisfied that the development would have a neutral or beneficial effect on water quality.
Consequently, the Court of Appeal allowed the appeal, set aside the order of the Land and Environment Court that had dismissed the appellant's summons, and ordered the respondent to pay the appellant's costs in the Court of Appeal.
Orders
Orders of the court
(1) Allow the appeal and set aside the order of the Land and Environment Court made on 13 September 2016 dismissing the amended summons dated 24 February 2016.
(2) Order that the respondents to the appeal pay the costs of the appellant in this Court.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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