An update on environmental assessments, the precautionary principle and adaptive management regimes

On 27 February 2013, the NSW Land and Environment Court handed down judgment in SHCAG Pty Ltd v Minister for Planning and Infrastructure and Boral Cement Limited [2013] NSWLEC 1032. The Court overturned the approval of the major project application which sought to extend and expand mining operations in the Southern Highlands. In so doing, the Court found that the mine would have unacceptable impacts, including significant nuisance to the community, and that there had been a failure to satisfy the precautionary principle.

BACKGROUND

The Berrima Colliery (Colliery) is operated by Delta Mining Pty Ltd, on behalf of Boral Cement Limited (Boral), and serves as the singular source of coal for Boral's cement works.