Ann: Trading Halt, page-19

A summary of court decision by Proximity

In the case of Bingman Catchment Landcare Group Incorporated v Bowdens Silver Pty Limited, the Land and Environment Court reviewed a challenge to the grant of development consent for a silver, lead, and zinc mine. The court focused on whether the environmental impact of a transmission line was adequately considered. It was found that the lack of certainty regarding the route of the transmission line prevented a determination of likely impacts, leading to no error in terms of mandatory relevant considerations[2].

The final court decision clarified that the development consent did not apply to the 66kV transmission line as it was not included in the identified land. Despite challenges raised, the court concluded that there was no error in considering mandatory relevant aspects under the Environmental Planning and Assessment Act 1979[2]. This case highlighted the importance of thorough environmental impact assessments and adherence to legal requirements in significant development projects.

Citations:

[1] Decisions - Land and Environment Court https://lec.nsw.gov.au/lec/decisions-and-heard-matters.html

[2] Bingman Catchment Landcare Group Incorporated v Bowdens Silver Pty Limited https://www.caselaw.nsw.gov.au/decision/18e3528f503a6cbcb507662b

[3] Policy and Procedures - NSW Caselaw https://www.caselaw.nsw.gov.au/policy.html

[4] Judgments and decisions - NSW Courts and Tribunals https://courts.nsw.gov.au/resources/judgments-and-decisions.html