Williams v Minister for Planning

Case [2009] NSWLEC 5


Set aside by Appeal: [2009] NSWCA 275
164 LGERA 204

Land and Environment Court


of New South Wales


CITATION: Williams v Minister for Planning [2009] NSWLEC 5
This decision has been amended. Please see the end of the judgment for a list of the amendments.
PARTIES:

APPLICANT:
Neville "Chappie" Williams

FIRST RESPONDENT:
NSW Minister for Planning

SECOND RESPONDENT:
NSW Director General for Planning

THIRD RESPONDENT:
Barrick Australia Ltd
FILE NUMBER(S): 41118 of 2008
CORAM: Biscoe J
KEY ISSUES: JUDICIAL REVIEW :- whether request to modify development consent for a gold mine outside scope of s 75W Environmental Planning and Assessment Act 1979 - whether "modification" in s 75W permits radical transformation of terms of development consent - whether proposed changes constituted a radical transformation of terms of development consent - whether fraudulently misleading conduct by proponent in relation to the modification request - legal elements of fraud - whether Minister's decision under cl 8J(8) Environmental Planning and Assessment Regulation 2000 invalid because Minister failed to consider a relevant matter or because proposed period of mine operations exceeded terms of proponent's lease - whether, consequently, Director-General's decision to notify environmental assessment requirements in relation to modification request invalid - whether privative clause s 75X(4) applicable.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979, ss 5(a), 75B, 75D, 75F, 75J, 75V(1)(c), 75W, 75X(2), 75X(4), 96, 101, 119(1), Pt 3A, Pt 4
Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005
Environmental Planning and Assessment Regulation 2000, cll 8G, 8J(8), 115, 283
Interpretation Act 1987, s 7
Local Government Act 1919, s 342AS
Mine Health and Safety Act 2004
Mining Act 1992, s 65(2)
Occupational Health and Safety Act 2000, s 93
State Environmental Planning Policy (Major Projects) 2005, cl 6
CASES CITED: Al-Mehdawi v Secretary of State for the Home Department [1990] 1 AC 876
Anderson v Director General of the Department of Environment and Climate Change [2008] NSWCA 337
Anderson v Minister for Infrastructure Planning and Natural Resources [2006] NSWLEC 725, (2006) 151 LGERA 229
Anvil Hill Project Watch Association Inc v Minister for the Environment and Water Resources [2008] FCAFC 3, (2008) 166 FCR 54
Australian Broadcasting Tribunal v Bond [1990] HCA 33, (1990) 170 CLR 321
Botany Bay City Council v Remath Investments No 6 Pty Ltd [2000] NSWCA 364, (2000) 50 NSWLR 312
Corowa v Geographe Point Pty Ltd [2007] NSWLEC 121, (2007) 154 LGERA 117
Currey v Sutherland Shire Council [2003] NSWCA 300, (2003) 129 LGERA 223
Enfield City Corporation v Development Assessment Commission [2000] HCA 5, (2000) 199 CLR 135
Gedeon v Commissioner of the New South Wales Crime Commission [2008] HCA 43, (2008) 249 ALR 398
Helman v Byron Shire Council (1995) 87 LGERA 349
Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (No 1) [1988] FCA 40, (1988) 39 FCR 546
Krakowski v Eurolynx Properties Ltd [1995] HCA 68, (1995) 183 CLR 563
Lazarus Estates Ltd v Beasley [1956]…

Continue reading Williams v Minister for Planning

Sign in free to access the full text

Details
AGLC
Williams v Minister for Planning [2009] NSWLEC 5
Case
[2009] NSWLEC 5
Decision Date

CaseChat Overview and Summary

In Williams v Minister for Planning, the applicant, Neville "Chappie" Williams, sought a declaration that a request to modify the development consent for the Cowal Gold Mine was not a request to modify within the meaning of s 75W of the Environmental Planning and Assessment Act 1979 (NSW). The applicant also challenged the validity of two decisions made by the Minister for Planning and the Director-General for Planning relating to the modification request. The court held that the modification request did not fall within s 75W because it sought to radically alter the terms of the existing development consent. The court further held that the applicant's allegation that the proponent, Barrick Australia Ltd, had fraudulently misled the Minister by omitting to mention pit wall instability in the modification request documents, did not vitiate the request itself. However, the court found that the modification request was not a request to modify within the meaning of s 75W. The court also held that the notification of environmental assessment requirements in relation to the modification request and the Minister's power to determine the request were invalid. The court granted declarations to that effect and restrained the Minister from determining the modification request under s 75W.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.