Key Points:
Industry will need to evaluate the need for and timing
of high-level government intervention, its impact on environmental
assessment processes and public reaction.
The recent decision of Hunter v The Minister for Planning [2012]
WASC 247 puts a spotlight on the intervention by planning
authorities when major development pressures (such as in the
resources industry) coincide with a transitioning planning
framework.
Background
Goolarabooloo Law Boss Richard Hunter is an opponent of the
controversial development by Woodside Energy Ltd at James Price
Point in the Kimberley region of Western Australia.
Mr Hunter had brought proceedings that challenged the grant of
planning approval by the Kimberley Joint Development Assessment
Panel. Prior to the hearing of that challenge, the Minister for
Planning amended the statutory planning framework. This amendment
meant that planning approval would not be needed for Woodside's
development if the Panel's
