Court of Appeal

4Nature successfully challenges Centennial Springvale SSD consent

4nature Incorporated v Centennial Springvale Pty Ltd [2017] NSWCA 191  

The Court of Appeal has upheld 4Nature's appeal from a decision of the Land and Environment Court to dismiss its challenge to the SSD consent granted for the continued operation of the Centennial Springvale mine. 

The case turned upon the correct interpretation of the requirement, contained in Clause 10 of the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011, that the consent authority be satisfied that the development would have a neutral or beneficial effect on water quality.