Gerroa Environment Protection Society Inc v Minister for Planning and Cleary Bros (Bombo) Pty Ltd (No 2)

The Gerroa Environment Protection Society Inc filed an appeal against the Minister for Planning and Cleary Bros (Bombo) Pty Ltd regarding the approval of an application for extraction and processing operations. The dispute centred on whether the Minister's decision to approve the application was lawful, reasonable, and in accordance with relevant environmental and planning legislation. The case was heard in the Land and Environment Court of New South Wales.

The court had to determine whether the Minister's approval of the application was made in accordance with the relevant statutory framework, and whether the decision was based on relevant considerations. This included assessing the merits of the application, the potential environmental impact, and whether the applicant had fulfilled all necessary requirements and conditions set by the Minister. The court also had to consider whether the Minister had considered all relevant submissions and evidence presented by the parties involved.

The court found that the Minister's decision was not in accordance with the statutory framework and was therefore unlawful. The court held that the Minister had failed to consider all relevant submissions and evidence, and that the decision was not based on relevant considerations. The court further held that the Minister's decision was unreasonable, as it did not take into account the potential environmental impact of the extraction and processing operations. As a result, the court granted the appeal and approved the application subject to the conditions set out in Annexure A.