Hunter Community Environment Centre Inc. v. Minister for Planning and Delta Electricity

Hunter Community Environment Centre Inc challenged the Minister for Planning’s approval of the refurbishment of a coal-fired power plant proposed by Delta Electricity. While several grounds of appeal were raised in submissions by the applicant, only two were pursued during the hearing. The first of these grounds for review was an alleged a failure to comply with s 75I(2)(g) of the Environmental Planning and Assessment Act 1979 (NSW) which requires the Director-General's report to the Minister to include a statement relating to compliance with environmental assessment requirements. Secondly, the Applicant alleged that the statement of compliance in that report was misleading in relation to fly ash disposal measures. The Court dismissed both alleged grounds of review. In relation to the first ground, the Court disagreed with the applicant’s interpretation of the relevant statutory provision. In relation to the second, the Court noted that the Minister had imposed a condition on the project relating to the disposal of fly ash and that his consideration of the issue had been sufficient.