Coalpac Pty Ltd/State of New South Wales/North Eastern Wiradjuri People of the Bathurst, Lithgow, Mudgee area

Coalpac Pty Ltd sought a determination to grant a mining lease over land in New South Wales, with the State of New South Wales and the North Eastern Wiradjuri People of the Bathurst, Lithgow, Mudgee area objecting to the grant on the basis of potential impacts on native title. The dispute came before the Land and Environment Court of New South Wales, which was required to decide whether the proposed mining project was in the public interest, notwithstanding the objections based on native title concerns. The court noted that the native title party had split into two factions, with neither submitting contentions or evidence to counter the proposed project. The court considered the environmental assessment, which concluded that the project would provide significant social and economic benefits while implementing measures to mitigate environmental impacts. The Director-General of the Department of Planning supported the approval of the project, subject to conditions aimed at protecting the environment and native vegetation.

The court found that the proposed mining project would provide necessary coal for power generation, create jobs, and contribute to the regional economy, while also implementing measures to minimise environmental impact and conserve native vegetation. Given the lack of contentions from the native title party, the court determined that there were no countervailing considerations of a native title kind that would prevent the grant of the mining lease. The court accepted the argument that the conditions imposed by the Minister would require the grantee party to adhere to stringent environmental controls, which would address potential concerns of the native title party. The court concluded that the public interest in approving the project outweighed any potential impacts on native title rights, and granted the determination for the mining lease.