Australian Coal Alliance Incorporated v Wyong Coal Pty Ltd

[2019] NSWLEC 31

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. JUDICIAL REVIEW - development consent issued for Wallarah 2 Coal Project - development consent issued by Planning Assessment Commission (PAC) Panel - Applicant challenges the validity of development consent on 10 pleaded grounds
1. JUDICIAL REVIEW - failure to consider flood impacts - ground pleaded on four bases, two of which were abandoned - alleged failure to consider risks to the livelihoods of private property owners or of such owners being forced to sell their properties - degree of particularity to which the PAC was required to assess issues - matters remaining pressed of too greater degree of particularity to be considered beyond the extent to which the PAC addressed flooding impacts - Ground 5 rejected
1. JUDICIAL REVIEW - Grounds 7 and 8 not pressed