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ARTICLE · 30 OCTOBER 2019

Wrong Place At The Wrong Time: Finding The "Right" Place And Obtaining Social Licence

In light of recent determinations of mining applications, it is timely to review the Land and Environment Court of NSW's (Court's)

AustraliaEnvironment

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

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