SHCAG Pty Ltd v Minister for Planning and Infrastructure and Boral Cement Limited

SHCAG Pty Ltd contested the decision of the Minister for Planning and Infrastructure, who had refused to approve a major project application by Boral Cement Limited for the continued operation of the Berrima Colliery until 30 April 2020. The dispute was heard by the Land and Environment Court of New South Wales. The primary concern of SHCAG Pty Ltd was that the Minister's decision was allegedly flawed and should be set aside. The legal issues central to this case involved the interpretation of the Environmental Planning and Assessment Act 1979 and the applicable criteria for assessing major project applications. Specifically, the court needed to determine whether the Minister's decision was unreasonable or based on an error of law.

The Land and Environment Court examined the Minister's decision and the evidence presented in the application. It found that the Minister had not appropriately considered certain aspects of the application, particularly those related to the environmental impacts of the colliery's operation. The court held that the Minister's decision was indeed flawed due to the omission of relevant considerations and an error in the application of the statutory criteria. Consequently, the appeal was upheld, and the major project application was refused. The exhibits, other than those specifically listed, were to be returned to the parties involved.