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Clifford Chance

Clifford Chance

Briefings

Striking the balance – when an offsets package is not enough

16 May 2013

A court in New South Wales, Australia, has overturned approval for a mine extension, a decision that challenges the decision making process by government and highlights the complex issues raised by mine activities and the “triple bottom line” approach to sustainable development principles.

On 15 April 2013, the Land and Environment Court of New South Wales, in Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Limited [2013] NSWLEC 48, upheld an appeal against the Minister’s decision to approve the extension of Warkworth Mining Limited’s operations in the Hunter Valley.

The court’s decision has created considerable controversy. Warkworth launched an appeal to the New South Wales Supreme Court within days of the decision and the New South Wales government has also appealed, supporting Warkworth’s position. This briefing contains a synopsis of the Land and Environment Court’s decision.

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