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Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Ltd

Country/Territory
Australia
Type of court
National - lower court
Date
Apr 15, 2013
Source
UNEP, InforMEA
Court name
Land and Environment Court of New South Wales
Seat of court
Sydney
Judge
PRESTON
Reference number
[2013] NSWLEC 48
Language
English
Subject
Land & soil
Abstract

This case was concerned with an appeal brought forward by Bulga Milbrodale Progress Association Inc against the Minister of Planning’s decision to approve the extension of a coal mine in the area. The appellant claimed that the project should be refused, because of the significant biological diversity, noise, dust and social impacts.

The court agreed with them and found that the Project would have unacceptable impacts on biological diversity, including on endangered ecological communities, that could not be avoided, mitigated or compensated. Furthermore, the social and noise impacts on the residents were found to be too intrusive. In balancing these issues against the economic benefits, the court decided to uphold the appeal and disapprove the development application for the extension of the coal mine.

Full text
54a639943004de94513da836
Website
www.caselaw.nsw.gov.au