A recent decision by the NSW Independent Planning
Commission (IPC), in which it refused development consent for the
Bylong Valley Coal Mine (Project), highlights the challenges
involved with having new mines approved in areas of particular
scenic, cultural and heritage significance.
The refusal came on 18 September 2019, despite the NSW
Department of Planning, Industry and Environment (DPIE)
recommending approval and the proponent having revised its mine
plan to address concerns raised in a Review Report prepared by the
IPC's predecessor, the Planning Assessment Commission
(PAC).
The IPC cited long-lasting environmental, agricultural and
heritage impacts as the main reasons for refusal. In a statement
that referred extensively to the Land and Environment Court's
judgment in Gloucester Resources Ltd v Minister for
Planning [2019] NSWLEC 7 (Rocky Hill), the
IPC stated that the proponent had not done enough to minimise
greenhouse gas (GHG) emissions associated with
