Bingman Catchment Landcare Group Incorporated v Bowdens Silver Pty Ltd

The Bingman Catchment Landcare Group Incorporated (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the Land and Environment Court. The dispute concerned development consent granted to Bowdens Silver Pty Ltd (the first respondent) for a mine, which was classified as State significant development. The appellant argued that the consent authority failed to consider the likely environmental impacts of a necessary power transmission line, which was not part of the initial development application but was proposed to be included in a later application.

The central legal issue before the Court of Appeal was whether the power transmission line constituted part of a "single proposed development that is State significant development" under section 4.38(4) of the *Environmental Planning and Assessment Act 1979* (NSW), and consequently, whether its likely environmental impacts were a matter that the consent authority was required to consider when determining the development application for the mine. The court also considered whether, even if the transmission line could be the subject of a separate future application, its likely impacts were nonetheless required to be considered as likely effects of the mine itself.

The Court of Appeal reasoned that the transmission line, despite its potential for a separate future application under Part 4, was an integral component of the overall development for the mine. Therefore, its likely environmental impacts were a necessary consideration for the consent authority when assessing the development application for the mine. By failing to turn its mind to these likely effects, the consent authority had failed to exercise its jurisdiction. The court allowed the appeal, set aside the previous orders, declared the development consent void, and restrained the first respondent from carrying out any work in reliance on that consent. The first respondent was also ordered to pay the appellant's costs of both the appeal and the original proceedings.