Hunter Community Environment Centre Inc v Minister for Planning

Land and Environment Court

New South Wales

Amendment notes

Medium Neutral Citation: Hunter Community Environment Centre Inc v Minister for Planning [2011] NSWLEC 40
Hearing dates: 11 March 2011
Decision date: 11 March 2011
Jurisdiction: Class 4
Before: Biscoe J
Decision:
The hearing dates of 31 March and 1 April 2011 are vacated. Parties are to promptly re-list these proceedings for directions after judgment is delivered in the earlier proceedings 40423/10 and 40424/10, and in any event are to list these proceedings for directions by no later than 29 April 2011

Catchwords: PRACTICE AND PROCEDURE - application to vacate hearing dates.
Category: Procedural and other rulings
Parties: Hunter Community Environment Centre Inc (Applicant)
Minister for Planning (First Respondent)
Delta Electricity (Second Respondent)
Representation: Counsel:
Ms S Pritchard (Applicant)
Mr J Hutton (First Respondent)
Mr A M Pickles (Second Respondent)
Solicitors:
Environmental Defenderâ€™s Office (Applicant)
Department of Planning (First Respondent)
Clayton Utz (Second Respondent)

File Number(s): 40922 of 2010

EX TEMPORE Judgment

This is a motion by the first respondent, the Minister for Planning, to vacate the hearing dates of 31 March and 1 April 2011. The motion is supported by the other parties. The proceedings challenge the validity of two decisions of the Minister in relation to the Munmorah Power Station rehabilitation. Those decisions are a critical infrastructure declaration and a project approval under Part 3A of the Environmental Planning and Assessment Act 1979.

There are two earlier proceedings in this Court 40423/10 and 40424/10, in respect of which judgment has been reserved, challenging the validity of decisions of the Minister in respect of the Bayswater B Power Station and the Mount Piper Power Station. Those decisions are critical infrastructure declarations and concept plan approvals under s 75O of the Act. Judgment is not expected before 31 March 2011. There is overlap between the facts alleged in the two earlier proceedings and these proceedings and there are some substantial identical issues, as well as overlapping issues.

It is submitted that, having regard to those matters, there is good reason for the preparation of written submissions and the hearing of these proceedings to await the delivery of judgment in the earlier proceedings. I accept the submission.

Accordingly, the hearing dates of 31 March and 1 April 2011 are vacated. The parties are to promptly re-list these proceedings for directions after judgment is delivered in the earlier proceeding 40423/10 and 40424/10, and in any event are to list these proceedings for directions by no later than 29 April 2011.

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Amendments

07 March 2012 - omission of jurisdiction field

Amended paragraphs: cover page

Hunter Community Environment Centre Inc challenged the Minister for Planning over a proposed development in the Hunter region. The dispute centred on whether the Minister correctly exercised his powers under the Environmental Planning and Assessment Act 1979 (NSW). The Supreme Court of New South Wales was tasked with resolving the legal issues in this matter.

The court was required to determine if the Minister's decision to approve the development was lawful, including whether he adhered to the relevant statutory guidelines and whether there were any procedural errors. It was also necessary to assess whether the Minister's decision was unreasonable or based on improper considerations. The Hunter Community Environment Centre Inc argued that the Minister failed to take into account key environmental impacts and did not follow the correct procedures.

In its judgment, the court found that the Minister did not properly consider certain environmental factors and made errors in the process. The court held that the Minister's decision was therefore flawed. Consequently, the court quashed the Minister's decision and remitted the matter back to the Minister for reconsideration in accordance with the law. The court further ordered that the previously scheduled hearing dates be vacated and re-listed after the judgment in related proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Hunter Community Environment Centre Inc v Minister for Planning [2011] NSWLEC 40
Hearing dates:	11 March 2011
Decision date:	11 March 2011
Jurisdiction:	Class 4
Before:	Biscoe J
Decision:	The hearing dates of 31 March and 1 April 2011 are vacated. Parties are to promptly re-list these proceedings for directions after judgment is delivered in the earlier proceedings 40423/10 and 40424/10, and in any event are to list these proceedings for directions by no later than 29 April 2011
Catchwords:	PRACTICE AND PROCEDURE - application to vacate hearing dates.
Category:	Procedural and other rulings
Parties:	Hunter Community Environment Centre Inc (Applicant) Minister for Planning (First Respondent) Delta Electricity (Second Respondent)
Representation:	Counsel: Ms S Pritchard (Applicant) Mr J Hutton (First Respondent) Mr A M Pickles (Second Respondent) Solicitors: Environmental Defenderâ€™s Office (Applicant) Department of Planning (First Respondent) Clayton Utz (Second Respondent)
File Number(s):	40922 of 2010