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Snapshot

  • Removal of third party merits appeals to the Land and Environment Court has been the goal of mining and gas industries
  • Recourse to an independent, specialist court ensures the planning system works effectively and transparently

In a recent landmark case, Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105, the NSW Court of Appeal upheld an earlier court refusal of an open-cut coal mine expansion by Rio Tinto. But this type of planning law appeal, which ICAC says is a key corruption safeguard, is being closed down by the NSW Government.

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