Introduction
In light of recent determinations of mining applications, it is
timely to review the Land and Environment Court of NSW's
(Court's) decision in Rocky Hill.1
This decision has received due attention for its findings regarding
greenhouse gas emissions and climate change, and caused concern
within the resources industry relating to certainty and delay in
the decision-making process.2
However, the decision also highlights the importance of finding
the "right" place and receiving and maintaining a
"social licence to operate" from the community in order
to obtain planning approval.3 "Social licence to
operate" is generally considered to mean an ongoing acceptance
of a business or project by the community and other important
stakeholders.4 Meaningful engagement with the community
is therefore crucial to obtain and then maintain this licence. This
is a position that has been increasingly promoted by the NSW
Government with several community consultation
